S. VENKATARAMAN, J.

( 1 ) THE petitioners who are accused in c. c. 496 of of 1990 on the file of the munsiff and j. m. f. c. , koppal, have filed this petition under Section 401 Cr. P. C. , for setting aside the Order dated 23-8-1990 passed by the learned j. m. f. c. , issuing process against them for offence under Section 494 read with Section 109, ipc.

( 2 ) THE respondent has filed the complaint before the magistrate alleging that she is the legally wedded wife of the first petitioner, their marriage having taken place on 2-6-1978 as per the custom of the family, that she was living with the first petitioner for 10 years and gave birth to three children, that the first petitioner was ill-treating her as he was given to some vices and ultimately he drove her out of the house in february 1988, that she came to know in february 1990, that the first petitioner was searching for a bride for second marriage, that she then filed a suit against him and obtained a temporary injunction restraining him from going through a second marriage, that in spite of that injunction on 8-6-1990 all the nine petitioners went to buliyamma temple at munirabad that there the first petitioner with the assi

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