- (1.) Heard Sri W.H.Khan, learned Senior Advocate, assisted by J.H.Khan, learned counsel for the petitioner, Sri V.D.Agarwal, learned counsel for opp. party no.4, Sri R.K.Maurya, learned AGA for the State and perused the record.
(2.) This writ petition has been filed challenging the judgment and order dated 10.1.2003 passed by the respondent no.2, Additional Sessions Judge (Fast Tack Court No.4), Etah in Criminal Revision No.329 of 2001, Smt. Munni Devi Vs. Seema Trivedi & others, arising out of Complaint Case No.40 of 2001, Smt. Seema Trivedi Vs. Bhagwati Prasad and others, under Sections 494, 109 I.P.C., wherein the revision of the petitioner was dismissed and order dated 22.11.2001 of the respondent no.3, Additional Chief Judicial Magistrate, Kasganj, Etah was confirmed.
(3.) Brief facts of the case are that a complaint was filed against the petitioner and one Bhagwati Prasad Trivedi by respondent no.4 Smt. Seema Trivedi wife of Bhagwati Prasad Trivedi alleging that the petitioner has solemnized second marriage with Bhagwati Prasad Trivedi who is husband of respondent no.4 and they are living together in house No. 216 Anaz Mandi, Subhashh Nagar, Bareilly and no divorce has taken place between the petitioner and her husband, namely, Sri Kamla Prasad Tiwari, hence, the second marriage cannot be performed by the petitioner. The statement of the complainant and its witnesses, namely Sunil Kumar (PW1) and Raju (PW2) under Sections 200 and 202 Cr.P.C. were recorded. The learned Magistrate on the basis of the complaint and evidence recorded under Section 200 and 202 Cr.P.C. summoned the petitioner and Bhagwati Prasad Trivedi under Section 494 read with Section 109 I.P.C. vide order dated 2.2.2001. When the petitioner received the notice of the said case, filed her objection on 26.3.2001 against the summoning order dated 2.2.2001 which was rejected on 22.11.2001 by the learned Magistrate. The petitioner being aggrieved by the said order dated 22.11.2001, preferred a Criminal Revision No.329 of 2001 (Smt. Munni Devi Vs. Seema Trivedi) before the lower revisional Court, which too was rejected on 10.1.2003. Hence, the instant writ petition challenging the impugned orders passed by the Courts below before this Court.;