THE HON'BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.5123 OF 2011 ORDER: 1 Heard the Petitioner’s counsel and also the learned Additional Public Prosecutor. 2 Petitioner is the accused in C.C.No.193 of 2008 on the file of the court of Judicial Magistrate of I Class-cum-Special Court of Protection of Civil Rights, Adilabad. The offences alleged are those punishable under sections 498-A and 494 of IPC. Petitioner is admittedly the husband of the second Respondent who is the de facto complainant in the above Criminal Case. So far as the offence under section 498-A IPC is concerned, there are allegations in the charge sheet, which disclose the said offence. The learned counsel for the petitioner raised various contentions relating to the innocence of the Petitioner. But they fall within the purview of disputed questions of fact and cannot be entertained in this petition. 3 The learned counsel for the petitioner then pointed out that so far as the offence under section 494 of IPC i.e. bigamy is concerned, the de facto complainant had already filed a complaint case i.e. C.C.No.26 of 2008 and that ended in acquittal on 02.03.2009 in the court of the Additional Judicial Magistrate of I Class, Karimnagar and that order has become final and therefore this second prosecution for the offence punishable under section 494 of IPC is not maintainable and has to be quashed on the principle of Autrefois Acquit. The Petitioner’s counsel has also filed a copy of the judgment in the said C.C.No.26 of 2008. 4 In the face of the said judgment in C.C.No.26 of 2008 the Petitioner cannot prima facie be subjected to a second prosecution for the same offence. It, may, however be noted that the present case has to go on with regard to section 498-A of IPC. 5 In these circumstances, the Petitioner is directed to apply for a discharge or other relief bringing it to the notice of the trial court about the acquittal in C.C.No.26 of 2008 filed for the offence punishable under section 494 of IPC and the trial court may take a decision and pass appropriate orders on that application and thereupon the Petitioner shall have his remedies even against that order if it goes against him. 6 With these observations, this petition is dismissed at the admission stage. ------------- 28.06.2011 Kvsn