(1.) THE instant application has been filed under Article 226 of the Constitution of India for quashing the order dated 21-6-2004 passed in Cr. Revision No. 28/2004, whereby and whereunder the learned Sessions Judge, Bokaro has dismissed the criminal revision.
(2.) FACTS leading to the filing of the application are that the opposite party No. 2, Bina Singh filed a complaint alleging, inter alia, therein that she was married with petitioner on 18-2-1965 and soon thereafter she was subjected to physical and mental torture and assault. It is alleged that her husband was in military service and whenever she went to live with her husband, she was assaulted. It is further alleged that thereafter her husband joined BSL and there he had illicit relationship with several women. It is further alleged that out of her wedlock with the petitioner, she has three sons and 8-9 months ago she was shifted in Prabhat Colony, where she was also subjected to physical and mental torture. It is alleged that her husband brought one Shanti Devi and he has physical relationship with her (Annexure 1).
(3.) A counter-affidavit has been filed on behalf of the opposite party No. 2 stating, inter alia, therein that prior to this W.P. (Cr) No. 266/2004, the petitioner had moved Cr. M.P. No. 410/2004 before this High Court and had challenged the order dated 19-2-2000 and this Court vide order dated 26-8-2004 allowed the application and granted exemption under Section 205 Cr.P.C. to the petitioner but at the same time directed the petitioner to remain present personally at the time of framing of charge, recording of statement and at the time of delivery of judgment (Annexure-A to the counter affidavit). It is also submitted that petitioner was having illicit relationship with Shanti Devi and in her presence he established physical relationship with Shanti Devi.