RABINDRA SETHI Vs. PREMALATA SETHI

JUDGEMENT

(1.) THIS revision petition arises out of the order dated 17.7.1985 passed by Sri R. Dash, Second Additional Sessions Judge, Cuttack, in Criminal Revision No. 60 of 1984 setting aside the order dated 9.5.1984 passed by Sri B.C. Tripathy, Sub -divisional -Judicial Magistrate, Jagatsinghpur, in Misc. Case No. 28 of 1980 under Section 125 , Code of Criminal Procedure giving a finding that the Petitioner (in that case) Premalata Sethi is not the legally married wife of the opposite party, Rabindra Sethi (in that case).

(2.) THE aggrieved party Premalata Sethi filed a revision in the Sessions Court, Cuttack. The learned Second Additional Sessions Judge after discussing the evidence in the case took the view contrary to the findings of the learned Sub -divisional Judicial Magistrate and held that Premalata Sethi is the legally married wife of Rabindra Sethi.

(3.) IN the above circumstances, the impugned order of the learned Additional Sessions Judge cannot be sustained and the same must be set aside.