High CourtsSingle Bench

Ashok Kumar and Others vs State of U.P. and Another

Allahabad High Court · Decided on 10 March 1997 · Citation: (1997) 21 ACR 514

HON’BLE JUDGES
P.K. Jain, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 200, 202, 468(2) · Penal Code, 1860 (IPC) — Section 494
CASE NUMBER
Criminal Revision No. 1041 of 1989
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Judgment

4 paragraphs · 145 words

P.K. Jain, J.—Heard Sri A.R. Dubey, learned Counsel for the revisionists. The revision is against the summoning order u/s 494, I.P.C. The only question raised in this revision is that the complaint was filed beyond expiry of period provided in Section 468(2) Code of Criminal Procedure. It is contended that alleged 2nd marriage was solemnized in the year 1980 and the complaint was filed in the year 1988.

2.

The revisionist was directed to file copy of the complaint and statement of the complainant and witnesses examined under Sections 200 and 202, Code of Criminal Procedure but the same has not been filed.

3.

The question raised in this revision can be dealt with by the Magistrate concerned as it would require adducing of evidence by the parties.

4.

The revision is, therefore, rejected and the revisionist may press the point before the Magistrate concerned.