TSETEN NAGADUP Vs. TSERING PEMA ALIAS SONAM

JUDGEMENT

(1.) When the case is called upon, none appears for the opposite party. 1 have heard the submission of Mr. S.C. Biswas, learned counsel appearing for the petitioner.

(2.) The facts leading to this revision may be slated briefly as follows :- On 7.5.93 the opposite party Miss Tsering Pema filed a complaint before the Magistrate against the accused Shri Tseten Nagadup stating inter-alia that they were living as husband and wife and after 23.12.92 on several occasions she asked him to undergo court marriage but he refused saying that both of them love each other and already husband and wife, and there was no need for any formalities. That on 24.12.92 he left her saying that he never stayed with her as her husband. That he committed murder by forcefully terminating her child and he deserted her. On this complaint the learned Magistrate passed the following order dated 3 0.10.95 (Annexure-III).

(3.) Against the aforesaid order, the accused filed a petition that no case is made out U/s 493 IPC. However, the learned Magistrate rejected such prayer vide his order dated 14.5.96. Being aggrieved with the aforesaid order, the accused petitioner preferred this revision.