(1.) THIS order wilt also dispose of Criminal Revision No. 554 of 1988 Ram Kumar and others v. Smt. Kaushlya Devi, as in both the revision petitions the same orders have been assailed. Smt. Kaushalya wife of Bir Bhan filed a complaint under Sections 494, 109 and 106 Indian Penal Code against Ram Kumar and others, alleging that she was married to Bir Bhan accused No. 3 on 19-6-1981 and there she resided with her husband in village Bhaini Amirpur. Her in laws were not happy with her and she was turned out of the house after she was given beating. The dowry articles given to her were also retained by accused Nos. I to 4. On 13-2-1987 her husband Bir Bhan contracted second marriage with accused No. 4 Santosh alias Guddi. The second marriage was performed with the conivance of the other accused.
(2.) AFTER preliminary evidence was recorded, the Sub-Divisional Judicial Magistrate, Hansi summoned only accused No. 3 to face trial for an offence under Section 494 Indian Penal Code. Against this order dated 17-11-1987 Kaushalya filed a revision petition which was decided by the learned Additional Sessions Judge, Hissar who sent back the case to the trial Court for further proceedings. Thereafter the Sub Divisional Judicial Magistrate, Hansi vide his order dated, 2-6-1988 summoned all the accused to stand trial for an offence under Section 494 Indian Penal Code. Against the order of learned Additional Sessions Judge and that passed by Sub Divisional Judicial Magistrate, Hansi summoning all the accused, the accused filed the present petitions except Bir Bhan. The orders which have been assailed are Annexures P/2 and P/3.
(3.) WHILE addressing arguments the learned counsel for the petitioners did not assail the order Annexure P/2 vide which the Additional Sessions Judge, Hissar sent the case back to the trial Court for further proceedings in the light of observations made by him. Even otherwise, the order is quite valid and legal and the observations made therein are proper.