SHAMA SINGH Vs. MAHLO BIBI

JUDGEMENT

(1.) SHAMA Singh the husband and several others have been summoned for offences under section 494, 120B 109 and' 498A of the Indian Penal Code by Sh. Dharam Singh, Judicial Magistrate I Class, Fazilka on 24-4-1989. Aggrieved against it the present petition under section 482 of the Code of Criminal Procedure has been 'moved by Shama Singh, the husband

(2.) BRIEFLY , the facts, as alleged are that Shama Singh was married to Mahlo Bibi more then 7 years ago but about 1-1/2 years ago Mahlo Bibi was turned out from the house by the husband and she had been residing with her parents in village Asafwala, Tehsil Fazilka, District Ferozepur. It was a few days before the filing of the complaint that Mahlo Bibi and her father Dola Singh came to know that Shama Singh has married one Sonu Bai daughter of Kaila Singh. The father of Mahlo Bibi also came to know that the second marriage was solemnized in the presence of Bachan Singh. Surjan Singh and Dilawar Singh though Sonu Bai the second wife and her parents knew that Shama Singh was already 'married to the present complainant. This factum of performance of second marriage has been supported by Banta Singh, Bachan Singh and Bhola Singh the three witnesses who were examined by the Judicial Magistrate Fazilka. It was after relying upon the evidence of these three witnesses and the complaint that the impugned order of summoning the accused was passed.

(3.) THE learned counsel for the petitioner husband has referred to Kanwal Ram and others v. The Himachal Pradesh Administration, AIR 1966 SC 614, and argued that it was essential that the ceremonies required for performance of a marriage, must be proved. However, a stage for recording evidence shall arrive after appearance of the accused. On the contrary, the learned counsel for the wife has referred to Rakesh Kumar Jain v. Hira Lal and another, 1985(2), Recent C.R. 471 and argued that if eventually the learned Magistrate comes to the conclusion that no offence is made out it will be open to him to discharge or acquit the accused as the case may be. The conclusion is that the present petition moved by the husband is hereby dismissed. The parties shall appear in the trial Court at Fazilka, District Ferozepur on 24-2-1992. Petition dismissed.