NINGOMBAM RANJIT SINGH Vs. YUMNAM PREMILA DEVI

JUDGEMENT

(1.) This Misc. Application is directed against the judgment and order of the learned Chief Judicial Magistrate, Imphal dated 22-6-2005 passed in Crl. (C) Misc. Case No. 66 of 2004 for rejecting the application u/S. 210 of the Cr.P.C. filed by the present petitioner No. 1 /accused for staying the further proceeding of the Crl. (C) Case No. 66 of 2004 filed by the present respondent/ complainant against the present petitioner No. 1/.accused.

(2.) The factual panorama in short is that :- The present respondent/complainant is the wife of the present petitioner No. 1/accused and their marriage ceremony was held on 26-11-1985 at the residence of the parental house of the present respondent/complainant at Yumnam Leikai, Imphal as per the Hindu customary practices. Of their wedlock, three children were born. During the subsistence of their marriage, the present petitioner No. 1/accused illegally married the present petitioner No. 2/accused at the parental house of the petitioner No. 2 on 29th December, 2003. It is also the case of the respondent/complainant that the present petitioner No. 1/accused did not obtain a decree of divorce against the respondent/ complainant from the competent Court and as such, the present petitioner No. 1/accused had committed the offence punishable under Section 494, IPC.

(3.) On 5th March, 2004, the respondent/ complainant lodged an FIR with the Officer - in-Charge of the Imphal Police Station against the present petitioner No. 1 /accused that the present petitioner No.2/accused No. 2 during the subsistence of the marriage of the respondent/complainant with the accused No. 1. The O.C. Imphal Police Station, accordingly, registered the FIR case being No. 63(3) 2004 IPS under Sections 406, 417, 494, 438A and 120-B, IPC against the present petitioner No. 1/accused. It is also alleged that during the course of the investigation of the said FIR case, the police officer attempted to arrest the petitioner but the learned Sessions Judge, Manipur West granted anticipatory bail to the petitioner No. 1. Thereafter, the I.O. of the said FIR case did not take up any steps for investigating the said FIR case.