M H ALEXANDER Vs. CLAIRA ALEXANDER

JUDGEMENT

(1.) The facts which led to the filing of this application of criminal revision are as follows.

(2.) Smt. Claira Alexander is the married wife of Sri M. H. Alexander. They were married several years ago and they were also parents of some children. On 19-8-1957 Smt. Claira Alexander filed a complaint under Section 494 I. P. C. against her husband and Smt. Karuna Kumari alleging that they entered into a bigamous marriage. This complaint was filed in the court of a Judicial Officer at Lucknow. The complaint did not disclose as to when and where the bigamous marriage was performed. Smt. Claira Alexander was examined on 26-8-1957 under Section 200 Cr. P. C. by the Magistrate and even in this statement she gave no information about the date and the place where this alleged bigamous marriage was performed. It is therefore surprising how this complaint was entertained at all. Courts entertain complaints when they are satisfied not that an offence has been committed but that an offence has been committed within their jurisdiction. It is necessary for a court to satisfy itself on this point before entertaining a complaint. It appears that this was not done by the Magistrate.

(3.) After the complaint was entertained and the accused were summoned they submitted an application on 9-9-57 in which they prayed that the complainant should be asked to disclose the date and the place where this bigamous marriage was performed according to her. This application was curiously rejected by the Magistrate.