1 S.B.CRIMINAL MISC. PETITION NO.603/2004 Sita Ram. vs. State of Rajasthan & Anr. DATE OF JUDGMENT ::: 29.1.2008 PRESENT HON'BLE MR. PRAKASH TATIA, J. None present for the petitioners. Mr.JPS Choudhary, PP. - - - - - BY THE COURT: Nobody appeared on behalf of the petitioner on 4.10.2007, 6.10.2007, 26.10.2007 and today also even in second round. The petitioner by this criminal misc. petition under Section 482 CrPC wants to challenge the prosecution launched against him by respondent no.2 under Sections 494 and 497 IPC. The petitioner's contention in the petition is that for the same offence of contracting second marriage in the life time of living wife of the petitioner, the respondent no.2 lodged a FIR on 4.1.1998 which was registered as FIR No.4/1998 in Police Station, Rashmi, District Chittorgarh for the 2 offences under Sections 498A and 494 IPC. In the criminal case registered in furtherance of FIR No.4/98, which was registered as Criminal Case No.92/98, the petitioner was discharged from the offence under Section 494 IPC and acquitted from offence under Section 498A IPC by Judicial Magistrate, Rashmi. According to the petitioner, the said order of discharge and acquittal from the offences under Sections 494 and 498A IPC respectively has not been challenged by the respondent no.2. But the respondent no.2 has submitted a criminal complaint with the same allegations for the commission of same offences before the Court of Additional Chief Judicial Magistrate No.1, Chittorgarh on 16.3.2002 upon which case no.3/2002 was registered. The petitioner has challenged prosecution on the ground that for the same set of allegations and commission of offence, the petitioner has already been discharged and acquitted by the court after trial and, therefore, there cannot be second prosecution. It appears from the record that the petitioner did not place on record any material like FIR No.4/98 or copy of order/judgment passed in criminal case no.92/98 before this Court and has placed on record only copy of the complaint lodged by the respondent no.2 dated 16.3.2002 wherein the court fixed the date for 3 arguments after recording the statement of complainant and her witnesses. Since there is no material available on the record to prove that earlier FIR No.4/98 was lodged by the respondent no.2 against the petitioner for the same offences and there is no material to prove that the petitioner was acquitted in the said case by the Court of Judicial Magistrate First Class, Rashmi, this Court is unable to accept this petition. Consequently, this criminal misc. petition is dismissed. However, it is made clear that the petitioner may take this objection before the trial court in accordance with law and his said defence shall not be prejudiced because of dismissal of this misc. petition. The interim order dated 9.8.2004 is vacated forthwith. Copy of this order be sent to the trial court forthwith. (PRAKASH TATIA), J. S.Phophaliya