Chandra Kala vs State of Rajasthan and Another

Dalip Singh, J.—In the petition, the petitioner has challenged the order passed by the learned revisional Court dated 20.3.2003 whereby the order passed by the learned Magistrate dated 28.9.2002 taking cognizance for the offence u/s 482, IPC against the respondent has been set aside.

Learned Magistrate has taken into account the reply filed by the respondent in the proceedings u/s 125, Cr.P.C. wherein he had admitted having contracted the second marriage and having two children from the same.

Learned revisional Court, on the other hand, has held that the admission of the respondent alone is not sufficient for the learned Magistrate to take cognizance and he ought to have taken evidence with regard to the formal ceremony of ''Saptpadi'' to hold that the person had contracted second marriage.

Learned Counsel for the respondent has supported the judgment of the learned Revisional Court but has submitted that the order passed by the learned revisional Court is to be set aside, the respondent may be afforded an opportunity to raise these objections during the stage of framing of charges.

In the facts and circumstances, therefore, the order of the learned Revisional Court dated 23.3.2003 is set aside. However, liberty is granted to the respondent to raise the objections in accordance with law at the stage of framing of charges, if so advised. This petition accordingly stands disposed of. The record be remitted to the learned trial Court to proceed in the matter.