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1961 Supreme(Bom) 21

N.L.ABHYANKAR
Janardhan Chaitu Khapre – Appellant
Versus
Guna Balkrishna – Respondent


ORDER

(1) This revision application was filed by Janardan who was a complainant in the trial Court. He complained of an offence under section 494, Indian Penal Code, read with section 17 of the Hindu Marriage Act. The complainant is the father of one Chandrabhaga who is a minor girl. Chandrabhaga is alleged to have been married to opponent Guna while she was a minor, in about 1953. The complaint was that in spite of a valid marriage subsisting between Chandrabhaga and Guna, Guna again married opponent No. 2 Milibai. The marriage was alleged to have been brought about by parents of Guna, one of whom i.e., father Balkrishna is opponent No. 3 in this Court. Opponent No. 4 Laxman in this Court is the father of Milibai who is alleged to have contracted the second marriage with opponent Guna. As many as 10 persons were impleaded as accused in the original complaint. The complaint was filed by Janardan before the First Class Magistrate, Saoner, and was presented on 25-7-1957. In paragraph 10 of the complaint the complainant had stated as follows:

"That a complaint should have been filed by applicants daughter Chandrabhaga as required by Section 198. Cri. P. C. But under the proviso the comp

























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