NATHU JEORAKHAN Vs. SHEOPAL KUPPA

JUDGEMENT

(1.) THIS revision petition is directed against: the order, dated 20-7-1961, passed by the Magistrate First Class, Bilaspur, in Criminal Case No. 1554 of 1960.

(2.) BRIEFLY stated the facts of the case are that non-applicant No. 4, Smt Aghanr, was married to one Akhatram. On the allegation that non-applicants 2 and 3 got her remarried with the applicant Nathu, when the first marriage was subsisting, a criminal prosecution under Sections 494 and 494/114 of the Indian Penal Code was started by Shivpal (non-applicant No. 1) by filing a complaint in the Court of the Magistrate First Class, Biiaspur, against the applicant and the non-applicants 2, 3 and 4. Shivpal is the father of the said Akhatram. He had lodged the complaint with the leave of the Court on behalf of Akhatram the husband of Smt. Aghani, who was unable to make a complaint on account of his sickness. However, a few days after the filing of the complaint by Shivpal. Akhatram died. The applicant, therefore, made an application to the Magistrate on 20-7-1961 requesting that the proceeding should terminate on account of the death of akhatram. This application was rejected by the Magistrate on the same day and the proceedings were ordered. to continue. The applicant moved the Sessions court feeling aggrieved by that order but without success. The present revision petition, as already said, is directed against the order of the Magistrate, dated 207-1961.

(3.) TO appreciate the arguments advanced by the learned counsel for the applicant, it would be helpful to reproduce , Section 198 of the Code of Criminal Procedure. It reads as under: