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HIGH COURT OF ANDHRA PRADESH
VENKATA JYOTHIRMAI PRATAPA, J.
B PRAMEELA – Appellant
Versus
The State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. counsel's submission on applicability (Para 4) |
| 2. respondent's submission on second marriage (Para 5 , 6 , 7 , 8) |
| 3. court's interpretation of section 494 (Para 9) |
| 4. court's ruling on prosecution (Para 10) |
| 5. criminal petition allowed (Para 11) |
ORDER:
2. This is a quash petition filed by the second wife/Accused No.2 of Accused No.1, pursuant to the complaint filed by the first wife/de facto complainant. The short question that falls for consideration is whether a complaint under Section 494 C.P.C. is maintainable against the second wife of the erring husband or not.
4. Learned counsel for the petitioner would submit that Section 494 IPC would be attracted only to a person, who marries again during the life time of husband/wife and that it is not applicable to the petitioner, since she was not married earlier as on the date of the alleged marriage with Accused No.1. Learned counsel further would submit that the cognizance can only be taken on a private complaint in view of the bar under Section 198 of the Code.
6. Learned counsel for the petitioner placed reliance on a decision of a Co-ordinate Bench of the High Court for the State of Telangana in Shaheed Naaz v. State o
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