IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-11535 of 2011 (O&M) Date of decision:- 20.04.2011 Gian Chand ...Petitioner Versus Inderjit Kaur ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. P.S. Jammu, Advocate for the petitioner. RITU BAHRI J.(Oral) The petitioner has challenged the order dated 24.09.2009 passed by the learned Judicial Magistrate Ist Class Sirsa whereby the petitioner who is the brother of the main accused-Sohan Lal has been charge sheeted for the offence punishable under Sections 494/109 IPC in a Criminal complaint dated 29.8.2001. Mr. P.S. Jammu, Advocate, learned counsel for the petitioner has argued that petitioner is brother of the main accused-Sohan Lal who has contracted the second marriage, having his first wife living. The allegation in the complaint is that the brother of the accused had abetted the offence, as at the time of second marriage, he was aware that his first wife Inderjit Kaur was living. The revision filed by the petitioner against the order dated 24.09.2009 passed by the learned Judicial Magistrate Ist Class Sirsa has also been dismissed on 07.01.2011 (Annexure P-4) Counsel for the petitioner has further argued that he is the brother of the main accused and did not participate in the second marriage of his brother. So, he cannot be made liable to abet the commission of offence under Section 494/109 IPC. This is a matter of defence evidence which can be taken at the time of trial. No merits. Dismissed. April 20, 2011 ( RITU BAHRI ) G.Arora JUDGE