BUDDHA MAL Vs. MEENA

JUDGEMENT

(1.) THIS application for grant of leave to appeal is filed against the order of acquittal dated March 2, 1990 of Judicial Magistrate No. 13, Jaipur City, Jaipur. The case was instituted on a complaint filed by the petitioner on 20 -4 -84. The laid complaint was forwarded under Section 156(3) Cr.P.C. to Police Station Manak Chowk, where a criminal case was registered. Thereafter, the police investigated the case and submitted a negative report on 7 -4 -84 that no offence was made out against the accused person.

(2.) THEREAFTER , the accused person appeared in the court to face the trial. After recording the evidence of the prosecution witnesses, as well as the defence witnesses, the trial court acquitted both the accused persons from the charges levelled against them.

(3.) THE contention of learned counsel for the petitioner is that the marriage of the complainant Buddha Mal with Smt. Meera is proved as 'Nata' marriage, is a valid marriage according to the customs prevailed amongst Tellies. In this connection, the learned counsel has placed reliance on Gopal Lal v. Stale of Rajasthan (1979 Cr. L.R. (SC) 255).