PRAVIN PADMAKAR KAMATKAR Vs. PRATIBHA RATANLAL GOYAL

JUDGEMENT

(1.) THE petitioner was implicated in the Criminal Case No. 181 of 1982 on the file of Judicial Magistrate, First Class, Pune for commission of offence under section 114 of I. P. C. in the commission of offence of Bigamy of one Ratanlal Goyal and Nisha. Both Ratanlal and Nisha are the colleagues working in the petitioners Bank. The allegation against Ratanlal and Nisha was that they entered into second marriage while Ratanlals wife, first respondent herein, was alive. The allegation, in particular, against petitioner is that the said marriage was out of the conspiracy hatched and the petitioner was party to the conspiracy. Therefore the allegation against the petitioner was that he was an abator to the marriage of Ratanlal and Nisha.

(2.) I heard learned Counsel for the petitioner Shri. Anturkar and Mrs. Usha Kejriwal for respondent No. 2.

(3.) AT the time of admission, there was interim stay of further proceedings of M. A. No. 181 of 1992, against applicant alone. The complaint made before the Magistrate by the first respondent was annexed as Annexure A to this petition which is in Marathi. The relevant portion has been translated in English by the learned Counsel for the petitioner and learned A. P. P. Mrs. Usha Kejriwal. It is disclosed in the complaint that only role that has been attributed against the petitioner is that it is on account of the conspiracy of the petitioner bigamous marriage has been conducted. Except that allegation, there was no material before the Court. There is not even allegation that the petitioner has participated in the marriage function. On a mere allegation of conspiracy particularly, for committing an offence under section 494 will not be sufficient ground to implicate the petitioner unless some overt act on the part of the petitioner as abator under section 494 is established. The learned Counsel for the petitioner Mr. Anturkar has cited decision of Supreme Court in (Smt. Chand Dhawan v. Jawahar Lal and others) reported in 1992 Crime 342 wherein it has been held as follows :