Dismissed

Smt Indra Devi v. State and Anr.

Rajasthan HC18 May 2023CRLMP/375/2016

Case brief

AI extract

What is this about?

High Court of Rajasthan at Jodhpur dismissed a criminal miscellaneous petition filed under Section 482 Cr.P.C. challenging orders of cognizance and dismissal of revision. The court found no illegality in the lower court's conclusion that the petitioner contracted a second marriage without dissolving the first.

What did the court decide?

Criminal miscellaneous petition challenging orders of cognizance and revision is dismissed. All pending applications are also dismissed.

Smt Indra Devi Vs State and Anr. — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023/RJJD/016051]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 375/2016

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Smt Indra Devi W/o Mahendra Kumar D/o Trilok Chand, aged 29 years, B/C Bhansali, R/o Darjiyon-Ka-Bass, Khichan, Tehsil Phalodi, District Jodhpur.

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----Petitioner

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Versus

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State of Rajasthan. 2. Mahendra Kumar S/o Tarachand, B/C Bothra Jain, R/o Hanumant Happy School, Maloo Chowk, Nokha, District-Bikaner. (Complainant)

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----Respondents

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For Petitioner(s) : None present For Respondent(s) : Ms. Kamla Goswami on behalf of Mr. Vikram Sharma, PP Mr. S.L. Jain for Complainant

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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18/05/2023

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None present on behalf of the petitioner.

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Petitioner has filed the instant S.B. Criminal Miscellaneous Petition under Section 482 Cr.P.C. against the order dated 03.06.2014 wherein the learned Judicial Magistrate, Nokha, Bikaner took cognizance against the petitioner under Section I.P.C and vide order dated 14.09.2015 learned Additiional Session Judge (Women Atrocities Cases), Bikaner has dismissed the revision petition of the petitioner.

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From perusal of the impugned order dated 03.06.2014 it is apparent that learned Judicial Magistrate after though inquiry under Section 200 & 202 Cr.P.C prima-facie reached to the

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[2023/RJJD/016051]

[CRLMP-375/2016]

conclusion that petitioner without dissolving the first marriage entered into the second marriage. From the perusal of the said order, it does not seems that the Judicial Magistrate has transgressed his powers.

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Against the said order, the revision petition preferred by the petitioner was dismissed by the Additional Session Judge (Women Atrocities Cases), Bikaner and the said order passed by the Judicial Magistrate, Nokha, Bikaner was affirmed.

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Therefore, looking to the facts and circumstances of the case, I do not find any illegality in both the impugned orders.

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Consequently, the instant Criminal Miscellaneous Petition filed by the petitioner under Section 482 Cr.P.C. challenging the order of cognizance under Section 494 I.P.C is dismissed.

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All pending applications also stand dismissed.

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(PRAVEER BHATNAGAR),J

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21-Dharmendra/-

Smt Indra Devi v. State and Anr.

Case brief

What is this about?

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Smt Indra Devi v. State and Anr.

Case brief

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