V.K.AGARWAL
Urbhay Kumar @ Om Parkash – Appellant
Versus
Hema Bai – Respondent
V.K. Agarwal, J.
1. This petition under Section 482 of the Criminal Procedure Code has been preferred for quashing the order dated 3.12.1998 in Criminal Case No. 843/8 of J.M.F.C. Baloda Bazar and the order dated 21.7.1997 in Criminal Revision No. 413/88 by Additional Sessions Judge, Baloda Bazar, whereby the application filed by the petitioners under Section 182(2) of Criminal Procedure Code was dismissed.
2. The facts leading to the present petition are that the non-applicant/ complainant filed a complaint under Sections 494 and 109 of Indian Penal Code against the petitioners/accused, alleging that non-applicant is legally married wife of petitioner No. 1. On account of maltreatment by petitioner No. 1 she was compelled to reside separately. Thereafter, the petitioner No. 1 with the help of other petitioners has married petitioner No. 2. The matter was reported by non- applicant to the police, thereafter a private complaint was filed by her, which after due enquiry has been registered by Judicial Magistrate, First Class, Baloda Bazar, Distt. Raipur and process under Section 204 of Criminal Procedure Code was issued for the petitioners/accused.
3. The petitioners filed an ap
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