RAM NANDAN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application in revision filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short 'the Code') is directed against the order dated 8.12.1998 passed in Case No. 59M/85 by Shri R.P.S. Singh, J.M. 1st Class, Lakhisarai as also for quashing the entire proceeding of Case No. 59M/85. Criminal Misc. No. 6579 of 1992 : So far as Criminal Misc. No. 6579/92 filed under Section 482 of the Code is concerned, it is directed against the order dated 23.3.1992 passed in Cr. Rev. No. 144 of 1991 by Sri Ram Prabodh Singh, II Additional Sessions Judge, Munger by which he confirmed the order and judgment dated 3.4.1991 passed by Shri Ravindra Patwari, J.M. 1st Class, Munger under Section 125 of the Code. Both these cases were heard analogous and this judgment will govern both of them.

(2.) The petitioner in Criminal Revision No. 28 of 1999 is husband and opposite party No. 2 has claimed to be his first wife. It appears that opposite party No. 2 had filed Complaint Case No. 159 (C) of 1982 against the petitioner for his prosecution under Section 494 of the Indian Penal Code claiming therein that she was the first wife of the petitioner. She has filed another Case No. 58M/85 against the petitioner under Section 125 of the Code for her maintenance claiming therein also that she is wife of the petitioner. So far as Complaint Case No. 159(C)/82 is concerned, the petitioner was acquitted by Shri P.K. Dubey, Magistrate 1st Class by judgment dated 8.5.1985 holding that opposite party No. 2 had failed to prove her marriage with the petitioner. Against this judgment of acquittal opposite party No. 2 had filed Cr. Appeal No. 15/85 in this Court which was dismissed by A.N. Chaturvedi, J. on 2.7.1996 holding therein that the evidence on record did not prove beyond doubt that opposite party No. 2 is the first wife of the petitioner. Aggrieved by this order opposite party No. 2 filed S.L.P. (Cri.) No. 3174/96 before the Hon'ble Supreme Court before which the parties reached a settlement and the respondent (present petitioner), was directed to pay a sum of Rs. 15,000/- to the present opposite party No. 2 who was the petitioner before the Hon'ble Supreme Court. By order dated 5.12.1997 the Hon'ble Supreme Court dismissed this S.L.P. (Cri.) as withdrawn.

(3.) So far as Case No. 59M/85 is concerned, this was brought under Section 125 of the Code by opposite party No. 2 claiming herself to be the wife of the petitioner. Shri Ravindra Patwari, Judicial Magistrate, 1st Class by his order dated 3.4.1991 allowed this petition for maintenance of opposite party No. 2 and directed the petitioner to pay her a sum of Rs. 300/- per month by way of her maintenance. The petitioner filed Cr. Revision No. 144/91 before the Court of Session against this judgment of the learned Judicial Magistrate. It was heard and disposed of by Shri Ram Prabodh Singh, 2nd Addl. Sessions Judge, Munger who by his order dated 23.3.1992 dismissed the revision application and confirmed the order passed by the learned Magistrate. After dismissal of this revision application the petitioner filed Cr. Misc. No. 6579 of 1992 before this Court. It was, however, dismissed as not pressed by an order dated 23.2.1998. An application for its restoration (Cr. Misc. No. 13424 of 1998) was filed against this order of dismissal. This restoration petition was, however, dismissed for default on 13.11.1998 on account of peremptory order passed by this Court on 6.11.1998. Subsequently another restoration petition (Cr. Misc. No. 23124 of 2000) was filed for restoration of Cr. Misc. No. 13424/98 as also for the restoration of Cr. Misc. No. 6579 of 1992. By order dated 7.11.2000 Cr. Misc. No. 6579/1992 was restored to the file. From the record it appears that this criminal misc. case was heard along with present Criminal Revision No. 28/1999 by this Court on 3.1.2001 and this judgment will govern both of them.