BHIM REDDY SHESH REDDY Vs. RANJANA VILAS REDDY

JUDGEMENT

(1.) This criminal writ petition arises under the following circumstances. The petitioners in this writ petition, 23 in number, were charged with commission of an offence punishable under Section 494 of the Indian Penal Code, along with some other accused. Respondent No. 1 herein, who is the wife of orignal accused No. 1, is the complainant in this case. Respondent No. 1 initiated the proceedings before the learned Magistrate under Section 4914 read with Section 34 of the Indian Penal Code on 14th of July, 1983 against the present petitioners and some others. In all 32 persons were accused against whom respondent No. 1 made the accusations in the following terms :

(2.) The complainant examined herself on oath and stated in her examination that she learnt about this fact from witness No. 2 and after that she also herself went to the place of offence and made inquiry and had personal knowledge of the second marriage. On the basis of the above allegations, she initiated the present proceedings.

(3.) The learned Magistrate, being satisfied that the allegations in the complaint and the evidence of the complainant on oath, prima facie, made out a case for issue of process, issued the process against all the accused by his order dated 14th of July, 1983. It appears that the present petitioners, being aggrieved by that order of issue of process, moved the revisional Court in revision application challenging the said order of the learned Magistrate. However, the revision application came to be dismissed by the learned Additional Sessions Judge, Nanded, on 31st July, 1984, as being barred by time.