JUDGMENT :

Misra, J. - Rama Chandra Choudhury (complainant) filed a complaint on 10-5-1963 alleging that Debi Rani Choudhury (accused No. 1) is his legally married wife and that they lived as husband and wife till August, 1961. They have a daughter aged about 6 years and a son aged 2 years. Narayan Chandra Ghose (accused No. 2), the proprietor of Milap Hotel at Visakhapatnam in Andhra Pradesh, kidnapped his wife and children from his lawful guardianship during his absence. Accused No. 1 started a case for divorce in the Court of the District Judge at Visakhapatnam which was dismissed. Accused Nos. 1 and 2 went through a void marriage and are living as husband and wife. The complaint was thus filed under Sections 363 and 494, Indian Penal Code against accused No. 1 and under Sections 363, 497 and 498, Indian Penal Code against accused No. 2. On the very day the learned Magistrate passed the following order:

Statement of complainant recorded on S.A. I am satisfied that there is prima facie case under Sections 363, 498 against accused Narayan Prasad Ghosh and u/s 494 against Debi Rani Choudhury. Cognizance taken. Summon the accused persons. ... ... ... ... ...

On 7-8-1963 an application