P TIRUPATHI REDDY Vs. P SUJATHA

JUDGEMENT

(1.) The first respondent herein laid a complaint in the Court of the 1 Additional Judicial Magistrate of I Class, Warangai, against the revision petitioner in both the revision petitions for an offence under section 494, I.P.C. with the allegation that she was legally married for a second time during the continuance of their marriage on 29.10.1980 which is void against the provisions of the Hindu Marriage Act and as such he committed an offence under section 494, I.P.C. and the others in the complaint abetted the offence. The case was registered as C.C.No.15 of 1981. The trial of the case was concluded and that when it was posted for arguments, the first respondent herein filed a petition under section 311, Cr.P.C. for the examination of her father and one K.Kodandaram Reddy who were witnesses to the marriage between herself and the revision petitioner herein who could not be examined earlier, and that their evidence is material to establish the first marriage between herself and the revision petitioner without which a great damage is likely to be caused to the merits of the case. The first respondent-revision petitioner herein resisted the petition and contended inter alia that the prosecution has closed its case and after the examination of the accused the case was posted for arguments and that the present petition under section 311, Cr.P.C. is intended to 'fill up the lacunae in the case. The first respondent herein also filed a petition for reopening of the case and that petition was also opposed by the petitioner.

(2.) The leared Magistrate came to the conclusion that the evidence of two witnesses sought to be examined by the first respondent herein appears to be essential to the just decision of the cases and accordingly allowed the petitions.

(3.) Against that order of the learned Magistrate the respondent-revision petitioner herein filed Criminal Revision Petition Nos.275 and 276 of 1984. These revision petitions are directed against the impugned orders passed by the learned Magistrate.