DURGABAI Vs. BHAGATRAM

JUDGEMENT

(1.) IN view of provisions of Section 403 Cr. P. C. Court need not wait for the parties because whether the party should be heard or not is the point which pertains to domain of discreation of the Court. In Criminal Revision the revisional Court has to examine the correctness, propriety and legality of the Order which is under challenge.

(2.) THE matter revolves around the allegation of the petitioner Durgabai that her husband Bhagatram married another woman when his married wife Durgabai was alive. According to her complaint, respondents No. 2 to 6 attempted the respondent No. 1 for committing the second marriage and they were present when the second marriage took place. The trial Judge took the cognizance of the complaint. The said Order passed by the trial Court was assailed by the respondents in revision petition which was decided by IInd A. S. J. Mandsaur in Cr. R. No. 232/93. The learned A. S. J. concluded that the act of taking cognizance of the said complaint and consequently the Order was not correct, proper and legal and, therefore, he set aside the order. That Order is put to challenge in this revision petition.

(3.) AFTER perusing the record and the Order of the A. S. J. which is being assailed by this revision petition. This Court holds that the second revision petition in such circumstances is not maintainable in the High Court.