- (1.) KRISHNA Kumar, J. This revision has been filed against the order dated 17-2-1999 passed by the Additional Chief Judi cial Magistrate, Kairana whereby he recalled the summoning order and dis missed the complaint.
(2.) LEARNED Counsel for the revisionist firstly contended that there is no provision in Cr. P. C. for recalling of the order. This argument is not correct be cause in view of the famous case of Kailash Jauhari, the accused are entitled to file objections against the summoning order and the learned Magistrate alter hearing the parties may recall the summoning order. Learned Counsel for the revisionist further contended that respon dent No. 2, Smt. Poonam was married wife of one Ravindra Singh and suppressing this fact, she and her family members per formed marriage of Smt. Poonam with the revisionist and thus, they committed of fence under Section 495, I. P. C. Learned Counsel for the respon dents contended that in view of the provisions of Section 198, Cr. P. C. these proceedings are barred because the revisionist cannot be deemed as lawfully wedded husband of Sml. Poonam.
(3.) HOWEVER, Sections 494 and 495, I. P. C. make it clear that aggrieved person, may be husband or wife who may make complaint. In this case, the husband shall be the aggrieved party when the factum of earlier marriage was concealed by the wife from the revisionist husband, with whom the subsequent marriage was performed. Learned Counsel for the revisionist contended that learned Magistrate could not take into considera tion, the Panchnama, which is a waste paper in the eye of law because of adjudication of such types of Panchnamas, their cannot be any legal divorce between the parties.;