MADANSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing this instant petition under Sec. 482 Cr.P.C. the petitioners have assailed the order dtd. 24/2/2004 passed by the learned Judicial Magistrate, City North No.2, Udaipur in Criminal Case No. 319/2004, whereby the learned Magistrate took cognizance against petitioner Nos. 1 and 2 for offences under Sec. 494 read with Ss. 109 to 114 IPC, and against petitioner Nos. 3 and 4 under Sec. 494 read with Sec. 109 IPC.

(2.) That on 6/6/2003, Non-petitioner No.2, Smt. Alpana Singh, filed a complaint under Ss. 494, 497, 114, and 109 IPC against her husband Ajay Singh and others, alleging that during the subsistence of her marriage, Ajay Singh solemnized a second marriage with one Kishan Kanwar, with the aid and abetment of family members and acquaintances. The learned trial court recorded the statements of Smt. Alpana Singh and her father Veer Bahadur Singh under Ss. 200 and 202 Cr.P.C. and, vide order dtd. 24/2/2004, took cognizance against the petitioners for offences under Sec. 494 read with Ss. 109 and 114 IPC. The petitioners have filed this petition under Sec. 482 Cr.P.C. seeking quashing of the said cognizance order, primarily on the grounds that they are living separately, were neither present nor connected with the alleged second marriage, and that there is no prima facie evidence of the performance of essential marriage ceremonies to constitute a valid second marriage under law.

(3.) Heard learned counsels present for the parties and gone through the materials available on record.