SHIV KUMAR SHARMA, J. - (1.) INSTANT Misc. petition impugns the order dated July 8, 1997 of the learned Sessions Judge, Alwar whereby criminal revision preferred by the non-petitioners No. 2 to 6 (for short the accused) was allowed and cognizance of offences under Secs. 494 and 120B of the Indian Penal Code taken by the Special Judicial Magistrate Alwar against the accused on Feb. 23, 1993 was set aside.
(2.) THE complainant-petitioner (for short the complainant) instituted a complaint against the accused under Sections 494 and 120B of IPC in the court of Special Judicial Magistrate Alwar on November 5, 1992. Learned Magistrate forwarded the complaint under section 156(3) Cr.P.C. to Police Station Pratapgarh for investigation. A report, after investigation was filed by the police station and the learned Magistrate on Feb. 23, 1993 took cognizance of the offences under Sections 494 and 120B IPC against the accused persons. The said order was called in question by the accused persons by filing revision before the learned Sessions Judge, Alwar. Learned Sessions Judge, Alwar allowed the revision vide its order dated July 8, 1997. While quashing the order of Magistrate, the learned Judge observed that - (i) the Magistrate had no jurisdiction as from the facts mentioned in the complaint the alleged second marriage had taken place outside the jurisdiction of the Magistrate, and (ii) Police had no right to investigate the offences under sections 494 and 120B IPC in view of section 198 Cr.P.C. and no cognizance could have been taken by the Magistrate on the report of the police.
(3.) I have bestowed my thoughtful consideration to the rival contentions and carefully scanned the impugned order and the legal position.;