WAJIDULLA Vs. ALAMKHAN

JUDGEMENT

(1.) Heard the learned counsel for both the parties.

(2.) To state in brief the respondent No.1 Alamkhan had filed a complaint registered as Regular Criminal Case No. 1122 of 1999 under Section 494 r.w. 34 of I.P.C. against seven accused persons. According to him the applicant No.3 Ahemadibegum, who was original accused No.1, is his wife. The marriage of the complainant and accused No.1 is still subsisting. Because of certain dispute, she was living separate from her husband. He came to know that on 20.4.1999 she had married accused No.2. Other accused had abetted the said marriage by playing different roles. Thus, according to him by this marriage, the accused No.1 had committed an offence of bigamy under Section 494 and other accused being fully aware of the subsisting the marriage of the complainant and the accused No.1, had abetted the commission of the said offence of bigamy.

(3.) The learned Magistrate recorded the statement of the complainant and referred the matter for investigation to police under Section 202 of Cr.P.C. The report was submitted by police, wherein it was indicated that the offence was committed. However, taking into consideration the circumstances, the learned Magistrate did not accept the report and passed an order dated 19.9.2000 dismissing the complaint under Section 203 of Cr.P.C.