SOMKAR SINGH Vs. BIMLA DEVI

JUDGEMENT

(1.) SOMKAR Singh, petitioner, seeks quashing of criminal complaint dated January 9, 1990 (Annexure P-1 and summoning Order passed by Chief Judicial Magistrate, Rohtak dated May 4, 1991 (Annexure 'The criminal complaint Annexure P-1 was brought by Bimla Devi, respondent, for offence under Section 494 IPC.

(2.) THE complainant was married in the year 1959 at Rohtak to Somkar Singh in accordance with Hindu rites and ceremonies and both of them cohabited at Bulandshehar in U. P. No child was born out of this wed-lock and Somkar Singh started maltreating her and ultimately in the year 1971-72, he left the complainant of live with her in-laws at the native village on the lame excuse that she should serve his old parents. While Somkar Singh continued to stay at his place of posting, but he used to visit the village once or twice in a month or two. Somewhere in the year 1974 Somkar Singh remarried Smt. Prem Kumari in accordance with Hindu rites.

(3.) ACCORDING to the own showing of the complainant. she learnt about the second marriage in the year 1980 and the complaint has been 'instituted after a lapse of 10 years. On the basis of this fact. Shri Virender Singh, who appears for the accused petitioner, urges that the petitioner had an inalienable right of speedy trial and a stale matter should not be tried and such a trial is abuse of process of Court. In support of his arguments, he relies upon the observations of their Lordships of Patna High Court in Madheshwardhari Singh v. State of Bihar, 1990(3) Recent Criminal Reports 302 (FB) : 1986 Crl. LJ 324. I may quote from the note -