AJIT Vs. SATISH AND ORS

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) for quashing the order dated 18.10.2007 passed by Judicial Magistrate, Ist Class, Rewari vide which the complaint filed by the petitioner was dismissed and further judgment dated 7.1.2009 passed by Additional Sessions Judge, Rewari vide which the revision against the above order filed by the petitioner was partly allowed.

(2.) The case of the complainant, in brief, as noticed by the Additional Sessions Judge, in para No. 2 of its judgment reads as under:

(3.) The petitioner had filed the complaint alleging that his marriage was solemnized with respondent No. 3 Chalti and the marriage of his brother Satbir was solemnized with respondent No. 4 Kabul. Chalti and Kabul, however, left the complainant and his brother and they had performed second marriage without getting a divorce from the petitioner and his brother. Learned Additional Sessions Judge has ordered that Chalti and Kabul be summoned to face the trial under Section 494 IPC. So far as other accused are concerned, they have rightly not been ordered to be summoned by the learned Additional Sessions Judge as Chalti and Kabul had allegedly got re-married without getting divorce from their husbands and had, thus, performed their second marriage during the subsistence of their first marriage. Learned Counsel for the petitioner has failed to convince me that the other accused apart from respondents No. 3 and 4 were also liable to be summoned as accused. No ground for interference under Section 482 Cr.P.C. is made out.