JUDGMENT

Thomas, J.-Leave granted.

2. The sole question is whether a complaint, once dismissed by a magistrate for default, can be refiled? Appellant, who is alleged to have married twice, and that too with the sibling of the first spouse, is now aggrieved as the High Court held that there is nothing illegal in filing a second complaint on the fact situation.

3. Ranjit Kaur, the undeterred complainant, felt beguiled by the appellant, whom she described as her lawful husband, and her younger sister Rajwant Kaur connived with him for performing a marriage between them clandestinely during the time when Ranjit Kaur was enceinte. After the child was born to her she filed the first complaint against Jatinder Singh- the appellant. In the complaint she arrayed the appellant as the first accused indicting him of the offence of bigamy (Section 494 IPC) and four others including her sister Rajwant Kaur were arraigned for abetting the said offence (Section 109 IPC).

4. The magistrate before whom she filed a complaint kept on waiting for holding an inquiry under Section 202 of the Code of Criminal Procedure (for short the Code ). It is a pity that a complaint filed by the respondent Ranjit K