VIJAY NAIBRAO JADHAV Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER,BULDHANA POLICE STATION, TAH AND DIST BULDHANA

JUDGEMENT

(1.) An interesting point is required to be answered for deciding the present Criminal Revision Application. The point is; whether a Clerk in the office of the SubRegistrar when was discharging his duties as incharge Sub Registrar was empowered to discharge the duties as Marriage Officer and was empowered to register the marriage under the Special Marriage Act, 1954 and could issue the certificate as contemplated under Section 13 of the Special Marriage Act, 1954?

(2.) The present revision application arises out of judgment and order of conviction passed by learned Judicial Magistrate, First Class (2nd Court), Buldhana in Regular Criminal Case No.257 of 2003 dated 5.3.2008 holding the applicant guilty for the offence punishable under Section 495 of the Indian Penal Code and was directed to suffer simple imprisonment for three years and to pay a fine of Rs.2,000/ and in default, to suffer simple imprisonment for four months. The appeal against the said judgment and order of conviction before the Sessions Judge, Buldhana bearing Criminal Appeal No.7 of 2008 was dismissed on 19th September 2011. Hence, this revision.

(3.) Few facts giving rise to the present revision can be enumerated hereinunder: