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1996 Supreme(SC) 887

K.T.THOMAS, M.M.PUNCHHI
Swarnalata Sarkar – Appellant
Versus
State Of W. B. – Respondent


JUDGMENT

Punchhi, J.-This appeal by special leave is against the judgment and order dated 30th August, 1994 of the High Court of Calcutta in Criminal Revision No. 1971 of 1983, whereby proceedings in a criminal complaint filed by the appellant were quashed.

2. The case of the appellant is that she was married to the second respondent Shambhu Nath Sarkar on 6.12.1976. A son was born out of the wedlock on 20th November, 1977. The marriage between the spouses statedly was not smooth. On 15.9.1983, the second respondent married the third respondent before the Registrar of Marriages, to which ceremony/proceeding the 4th, 5th and 6th respondent, illegally collaborated. The appellant having come to know of the second marriage filed a criminal complaint on 4.4.1984 before the Judicial Magistrate, Basirhat, 24 Parganas, alleging commission of offence, under Section 494 read with Section 109 IPC. Preliminary evidence as envisaged under Section 200 of the Code of Criminal Procedure was adduced by the appellant whereafter the learned Magistrate issued process against the accused-respondents in exercise of powers under Section 204 Cr.P.C. The husband-second respondent appeared before the Court on












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