SUSHILA DEVI Vs. SHARDA DEVI

JUDGEMENT

(1.) THIS is an application in revision from the concurrent orders of the Magistrate and the sessions judge dismissing applicant's prayer firstly that the complaint against her under Sections 494 496 and 109, I. P. C. filed by the non-applicant "through her son Tejsingh", should be dismissed; secondly that she should in the special circumstances of the case have been exempted trom personal attendance under Section 540a of the Cri. Pro, Code. these questions often arise in criminal courts and it will be convenient to set out the general principles that should be applied in such cases.

(2.) THE facts of the case are simple and straightforward. The non-applicant filed a complaint against the applicant and Kishansingh Rajput to the following effect. Kishansingh had married the non-applicant years ago and has a son by her, For a few years the present applicant and Kishansing had been working as a school master and a teacher in the same town viz. Ratangarh they married though already there was another wife namely the complainant. The complaint was filed in accordance with the proviso to Section 198 Cr. P. C. through the son Tejsingh.

(3.) APPEARING on the issue of bailable warrants they prayed, firstly the complaint was not; lodged in proper form and should have been dismissed, and if the case were to proceed at all, both the accused should be exempted from personal appearance and allowed, to appear through pleader.