BHAGWAN SWAROOP SRIVASTAVA Vs. ASHA SRIVASTAVA

JUDGEMENT

(1.) This transfer petition has been filed by the petitioner under Section 407, Cr. P.C. pleading that Smt. Raka Srivastava, non-petitioner No. 2, filed a complaint under Section 494, I.P.C. agianst the petitioner as well as Smt. Asha Srivastava, non-petitioner No. 1, and Bhairon Prasad, non-petitioner No. 4 etc. in the Court of Addl. Civil Judge (J.D.) and Judicial Magistrate No. 4 Jodhpur, titled as Smt. Raka Srivastava v. Bhagwan Swaroop and 6 others and registered vide S. No. 142/92. It was alleged by the complainant Smt. Raka Srivastava that the accused-petitioner during the subsistence of her marriage with the present petitioner, with the aid and abetment of the co-accused persons knowing that the petitioner was already validly married with the complainant, again married with Smt. Asha Srivastava. After due enquiry, the learned trial Magistrate took cognizance of offence under Section 494, I.P.C. against the accused-persons including Smt. Asha Srivastava and the accused persons are facing trial before the same Court.

(2.) Bhairon Prasad, non-petitioner No. 4 after giving his appearance in the aforesaid case, lodged an FIR through the S.P. Jaipur with the Police Station, Bajaj Nagar, Jaipur on 21-6-85 that Bhagwan Chand who was an old acquaint of the complainant, approached him representing that one Triveni Prasad Srivastava was an unmarried boy working in the Labour Court at Jodhpur and, as a result, the complainant came to Jodhpur and he was shown the present-petitioner Bhagwan Swaroop Srivastava representing that he was the same Triveni Prasad, being unmarried, who was to be married. Accordingly, the complainant (Bhairon Prasad) celebrated marriage of his daughter Smt. Asha Srivastava with the present petitioner. However, subsequently it turned out that he was not person of the name of Triveni Prasad and it was the present petitioner whose name was Bhawan Swaroop Srivastava and he was already previously married with non-petitioner Smt. Raka Srivastava and out of their wedlock two children were born who were alive. So an FIR under Sections 420 and 495, I.P.C. was registered at the Police Station, Bajaj Nagar, Jaipur on 21-6-85 itself and, after due investigation, the petitioner was challaned under Section 420, I.P.C. only in the Court of Addl. Civil Judge cum Judicial Magistrate No. 4, Jaipur whereat the same case is as yet pending. It is further contended that the trial of this case has been completed and the case is being posted for final arguments time and again.

(3.) Smt. Asha Devi, non-petitioner No. 1 also lodged a complaint under Sections 494 and 495 read with Sections 114 and 109, I.P.C. against the present petitioner Bhawan Swaroop and five others in the Court of Judicial Magistrate No. 1, Jaipur District and, accordingly, after due enquiry, cognizance of offence under Section 495, I.P.C. was taken against the accused-persons and the same is presently pending in the Court of Addl. Civil Judge cum Judicial Magistrate No. 4, Jaipur Besides, it is also alleged that the non-petitioner Smt. Asha Srivastava, thereafter, filed a complaint in the Family Court, Jaipur and she succeeded in obtaining decree of nullity of marriage with the petitioner.