KUSUM Vs. DASHRATH

JUDGEMENT

(1.) THIS application for revision is directed against the order passed by the Chief Judicial Magistrate, Nagpur in Criminal Case No. 92 of 1984 dismissing the complaint and discharging the non -applicants under the provisions of section 249 of the Code of Criminal Procedure as a result of the applicant, the complainant in the trial Court, remaining absent.

(2.) THE complaint filed by the applicapt Kusum relates to an offence of bigamy said to have been,committedby non -applicant no. 1 by marrying Rekha, non - applicant no. 4 during the life time of the complainant Kusum wha is stated to be the legally married wife of non -applicant no. 1. The non -applicants nos. 2 and 3 are joined since it is alleged. against them that they have taken an active part in the marriage. According to the applicant, the non applicants have committed an offence under sections 494 and 511 read with section 34 of the Indian Penal Code.

(3.) ACCORDING to the applicant, it is alleged that she was present in the Court on 1.2.1985. She noticed that the non -applicant, who had attended the Court on that day, were leaving the Court premises. Upon seeing them going out of the Court, it is further alleged that she went to inform her counsel who immediately rushed to the Court and he came to know that the complaint was dismissed. An averment is also made that the Court was immediately informed that the applicant was throughout present in the Court.