KULWANT SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) The present petition under S. 482, Cr. P.C. is for quashing of summoning order dated 16-3-1989, Annexure P-2 and order dated 17-10-1990, Annexure P-3, passed by revisional Court confirming the order, Annexure P-2.

(2.) Briefly stated the facts of the case are that the petitioners have been arraigned as accused in a complaint, Annexure P-1, filed by Surjit Kaur-respondent under S. 494 read with S. 109 of Indian Penal Code wherein she has alleged that she is lawful wedded wife of Kulwant Singh-petitioner No. 1 and she had been living with him for many years. However, no child was born to them. He married another lady Parsin Kaur but she died under suspicious circumstances. Thereafter, the complainant was not allowed to live in the matrimonial house and she used to reside separately. It has been further alleged in the complaint that the complainant came to know through Gurbhajan Singh, resident of Pakhan that Kulwant Singh-petitioner No. 1 had fraudulently got her plot mutated in his own name and then she came to village Tarori and learnt that Kulwant Singh-petitioner No. 1 at the instance of his co-petitioners, had remarried Kuldip Kaur knowing fully well that the complainant is his lawful wedded wife and she is alive. This fact came to her knowledge only in September or October, 1986. Thereafter, she made inquiries and came to know that the marriage between the two was performed in the year 1978 at Tarori in the presence of other co-accused i.e. the present petitioners and, thus, they have committed offence punishable under S. 494 read with S. 109, I.P.C.

(3.) The complainant produced preliminary evidence and on its consideration, learned Magistrate passed the impugned order dated 16-3-1989 summoning the present petitioners to stand trial for the offence committed under S. 494 read with S. 109, I.P.C. The petitioners challenged the order, Annexure P-2, before the revisional Court which, vide order dated 17-10-1990, Annexure P-3, dismissed the revision-petition. Both the orders have given rise to the filing of the present petition under S. 482, Cr. P.C.