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2006 Supreme(Bom) 1019

ANOOP V.MOHTA
Yashwant Bhavdu Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Smt. SNEHAL S. RAUT, Advocate holding for Shri. P. R.PATIL, Advocate for the Petitioners.
Shri. S. D. KALDATE, A.P.P. for the State. Shri. R. M. DESHMUKH, Advocate for Respondent No.2.

JUDGMENT :- The present petitioners were accused on the complaint filed by Respondent No.2 - Original complainant U/s 494 read with Section 34 of I.P.C., basically alleging that accused No.1 Devidas had committed bigamy by marrying accused No.2 Kotibai @ Kantibai. Accused No.3 is father of Devidas the husband. Accused No.4 is a mother of Devidas. All other accused Nos.5 to 19 are relatives who alleged to have been present on the date of marriage i.e. 2.3.1990 at Negaon, Tq. and Dist. Dhule.

2. Admittedly, by an order dated 25.3.1996 petitioners Nos.1, 3, 4 and 5 have been deleted. In the result, the petitioners who are relatives of the husband and second wife are challenging the order of issuance of process by the Revisional Court for the first time. The Judicial Magistrate, First Class (I.M.F.C.), Parola by its order dated 5.8.1993 had rejected the complaint itself. However, the Revisional Court by setting aside the said order has issued the process against all the accused U/s 494 of I.P.C.

3. Section 494 is reproduced here which is the foundation for the allegations and counter allegations.

"494. Marrying again during lifetime of husband or wife - Whoever, having a husband or wif















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