ROHITAS KUMAR Vs. KIRAN DEVI

JUDGEMENT

(1.) THIS is a criminal revision petition under s. 397. read with S. 401, Cr. P. C. against the orders of the Munsiff & Judicial Magistrate, Nawalgarh dated 6. 7. 1982 and 28. 4. 1984 in complaint case No. 439/1982 (Kiran Devi Vs. Arvind Kumar) whereby the process has been ordered to be issued against the petitioners for the offences under Ss. 494 and 120 IPC.

(2.) THE facts, in brief, are that, Smt. Kiran Devi, aged 26 years, filed a complaint in the Court of Munsif & Judicial Magistrate, Nawalgarh, alleging therein that she is duly wedded wife of Arvind Kumar s/o Bujanram, adopted son of Bholuram but, Arvind Kumar knowing it well has conducted the second marriage with Pratima alias Prem Lata d/o Jagramsingh. the petitioner No. 2, who is real brother of Rohitas Kumar, IPS, the petitioner No. 1.

(3.) BEFORE this Court, Shri A. K. Gupta, the learned counsel for the petitioners, challenged the orders on the ground that under s. 319, Cr. P. C. no cognizance can be taken against the petitioners unless the evidence is recorded. Shri Gupta placed reliance upon the judgment of this Court in Sheoram Singh Vs. State of Raj. (1 ). Shri Gupta argued that there is no evidence at all in support of the allegations that these petitioners were having any knowledge of marriage of Arvind Kumar with Smt. Kiran Devi. Lastly, Shri Gupta argued that in any case, the learned Magistrate should not have issued non-bailable warrants in the facts and circumstances of the case.