THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 5078 OF 2024

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’), seeking quashment of the proceedings against the petitioner in C.C.No. 26 of 2022, on the file of the learned Special Judicial First Class Magistrate-

cum-Excise Court, Mancherial.

2. The petitioner is arrayed as Accused No.2 in the Calendar Case registered for the offence under Section 494 of the Indian Penal Code, 1860 (for short ‘I.P.C.’).

3. Heard Mr.A.Ramulu, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State.

4. The prosecution’s case, in brief, is that Respondent No.2, the de-facto complainant, lodged a police report on 23.09.2021 that he married Accused No.1 on 05.05.2013 and led a conjugal life for approximately three years. Subsequently, matrimonial discord arose, and the dispute was referred to the elders for resolution. However, despite the absence of any formal dissolution of marriage, Accused No.1 is alleged to have entered into a second marriage with the petitioner/Accused No.2, wit