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1995 Supreme(Bom) 193

A.D.MANE
Suresh s/o. Dadarao Kapse and others – Appellant
Versus
State of Maharashtra and another – Respondent


JUDGMENT - A.D. MANE, J. :----This is an application filed by the original accused for quashing not only the criminal proceedings but also order made by the learned Magistrate issuing process against them for offence punishable under section 494 read with section 109 of the Indian Penal Code.

2. Respondent No. 2 is the legally married wife of applicant No. 1. She filed her private complaint being Case No. 323 of 1993 in the Court of Chief Judicial Magistrate, Osmanabad, on July 14, 1993. In her complaint she has alleged that the applicant No. 1 performed second marriage illegally with applicant No. 2 with active assistance of the applicants Nos. 3, 4 and 5. It has further been alleged that the applicants Nos. 10, 17, 18, 20 and 21 who are inter se related between the applicants Nos. 2 and 10 actively participated in actual performance of the second marriage at village Pimpalgaon (Amba) Taluka and District Latur in Nilkantheswar Mandir on December 19, 1992, at about 11 a.m. In case of other applicants it has been merely stated that they were either present or associated with the actual ceremony performed for the second marriage of the applicants Nos. 1 and 2.

3. The learned Chief Judi











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