RANJIT KUMAR HORE Vs. PARUL HORE

JUDGEMENT

(1.) In this revisional application the petitioner prays for quashing the proceedings of Case No.CR 632 of 1978 pending against him in the Court of the Judicial Magistrate, First Class, Serampore under Section 494 of the Indian Penal Code.

(2.) The opposite party instituted the case by filing a complaint under Sections 494/496 of the Indian Penal Code against the petitioner and one Smt. Supriya Hore alleging that during the subsistence of his marriage with the opposite party, the petitioner has again married her (Smt. Supriya Hore) in the month of October, 1975 in Bangla Desh and has thereby committed an offence punishable under Section 494 of the Indian Penal Code. It has been further alleged that Smt. Supriya Hore is also liable for prosecution under Section 496 of the Indian Penal Code. Process was issued only against the petitioner and not against the other accused. After entering appearance before the learned Magistrate the petitioner filed an application that the proceeding instituted against him was void ab-initio as the requisite sanction for prosecution was not obtained from the Central Government as required under Section 188 of the Code of Criminal Procedure. The learned Magistrate rejected the said application being of the view that he had jurisdiction to try the case under section 182(2) of the Code of Criminal Procedure. Aggrieved by the said order the petitioner moved this Court and obtained the present Rule.

(3.) Having regard to the allegation that the petitioner married for the second time in Bangla Desh, the only question that falls for determination is whether the proceeding pending against the petitioner is maintainable in absence of any sanction under section 188 of the Code of Criminal Procedure.