SAHI RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these revision petitions have been filed on behalf of accused persons challenging legality, propriety and validity of the order dated 19.2.1995 passed by Judl. Magistrate, No. 1, Barmer in Cr.Case No. 837/95 and by order dated 3.5.1996 passed by the Addl. Sessions Judge, Barmer in Cr. Revision No. 06/96. There being identical factual and legal aspects involved and there being joint arguments advanced on behalf of parties, they are being disposed of by this single order, copy of which shall be retained in each file.

(2.) Necessary facts for the correct appreciation of the points involved are that Narain (non-petitioner No. 2 herein) married Smt. Tulsi about 13 years prior to filing of the complaint. Subsequently, Tulsi married for the second time with Sahi Ram (non-petitioner No. 1 herein) without getting divorce from Narain, resulting which Narain filed a complaint u/s. 494 Penal Code in the Court of Judicial Magistrate, No. 1, Barmer, against not only Tulsi and her new husband Sahi Ram but also 5 other persons. After recording of statements of Narain u/s. 200 and his witness Mala Ram u/s. 202 Crimial P.C., the trial Court took cognizance against Tulsi alone for offence u/s. 494 Penal Code by order dated 19.12.1995.

(3.) Aggrieved against that order, Narain filed a revision petition No. 6/96 before Adl. Sessions Judge, Bamer against Sahi Ram etc., which was accepted by order dated 3.5.1996 and the Court below was directed to take cognizance against non-petitioners No. 2 to 7, for offence u/s. 494 r/w Sec. 109 IPC. Thereafter, not only order dated 3.5.1996 was challenged but also order dated 19.12.1995, passed by Judicial Magistrate, No. 1, Barmer, by the accused persons.