RAM KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Magistrate took cognizance of an offence under Section 494 read with Section 114 of the Indian Penal Code, against the accused -petitioner and others. A revision petition was filed in this Court, by the same was dismissed as the same was time barred, and hence, the present petition has been filed.

(2.) SMT . Nathi alias Krishna Kumari is the first wife of one Bhagirath. Bhagirath during the subsistence of the first marriage, is said to have contracted a second marriage with Guddi, who, at the time of the marriage is said to be 12 years of age. A complaint was filed by Smt. Nathi against the accused -petitioner and 13 others in the court of learned Magistrate, who, after recording the evidence of the complaint and her witnesses, vide his order dated August 14, 1973, took cognizance of the offence Under Section 494, 494/109, or 495/114 of the India Penal Code against the accused -petitioner and seven others.

(3.) IN case, there is some evidence on which, the cognizance of an offence can be taken, no case for interference under Section 482 of the Indian Penal Code can be made out. Therefore, it is to be seen as to whether there is any such evidence on record on which it can be said that there is sufficient ground for proceeding against the accused persons.