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High Courts(1988) 01 P&H CK 0083

Balwinder Singh and ors. vs State of Punjab and anr.

Punjab And Haryana At Chandigarh · Decided on 13 January 1988 · Citation: (1988) 1 AICLR 673 : (1988) 1 CurLJ 341

HON’BLE JUDGES
S.S.Sodhi, J
CASE NUMBER
Criminal Revision No. 809 of 1987

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Judgment

3 paragraphs · 165 words

S.S. Sodhi, J. (Oral)

1.

The challenge here is to the framing of a charge under Section 494 of the Indian Penal Code against the petitioner Sowaranjit Kaur on the ground that according to the complainants own showing, she was not aware of the fact that her husband Balwinder Singh was earlier married to the complainant and this marriage was still subsisting. Counsel for the petitioners, in this behalf, adverted to the first information report recorded on the statement of the complaint Jaswinder Kaur where it is specifically stated, that on March 28, 1986 her husband Balwinder Singh married Sowaranjit Kaur, who did not know that he was already married to her. In the face of this statement, the charge against Sowaranjit Kaur under Sec. 494 of the Ind ail Penal Code cannot be sustained and is accordingly hereby quashed.

2.

None of the other charges framed against the petitioners warrants any interference in revision. This revision petition is consequently hereby accepted to this extent.