1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1920 OF 2003 Radhika Bhanudas Wagh .. Petitioner Versus Mrs.Usha Shashikant Suryavanshi and Ors. .. Respondents Mr.S.G.Kudle for petitioner none for respondents. CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd September 2006. P.C. . Heard Mr.Kudale for petitioner. 2. With the assistance of Mr.Kudale, I have 2 perused the petition and the annexures thereto. Submission of Mr.Kudale is that the petitioner is the original accused No.2 and it is alleged in the complaint by the first respondent that she is the legally wedded wife of the second respondent, who is original accused No.1. However, by that alone it will not be sufficient to try the complaint because, in law, the complainant has to allege and prove that during subsistance of her first marriage, the accused No.1 contracted second marriage and that the accused No.2, petitioner before this Court, is the wife from the second marriage. He submits that in the complaint it is only stated that the accused No.2 i.e. petitioner before me is the second wife of accused No.1. Beyond that whether there is marriage between the accused No.1 and the accused No.2 is not at all alleged. Any alleged confession/statement made by the petitioner would not be enough, is the next submission. 3 3. In my view, the complaint will have to be read as a whole and in the complaint it is alleged that the marriage between the complainant and the accused No.1 was subsisting and despite being aware of this fact, the accused No.1 has married accused No.2 and the accused Nos.3 to 9 have arranged the same. Thereafter, the details of the marriage of the complainant with the accused No.1 are set out. It is alleged that the accused No.2 is the second wife of accused No.1. In para 4, after the details of the visit to the house of accused Nos. 1 to 6, it is alleged that the presence of accused No.2 there was enquired and she replied that she is the wife of accused No.1. 4. At this stage, it cannot be decided as to whether the complainant has proved that the accused No.1 has contracted the second marriage during the subsistance of her marriage with him. All such aspects would have to be established at 4 the trial. Naturally, if the allegations are not proved, then, the petitioner would succeed. It would be open for the petitioner to urge all contentions and raise appropriate pleas at the trial. It would not be proper at this stage to interfere. Learned Magistrate was, therefore, right in issuing the process against the petitioner and summoning her. 5. Needless to state that mere issuance of process and rejection of this petition so also any observations during the course of this order would not influence the trial court in deciding the case which shall be decided on its own merits and in accordance with law. Petition dismissed. (S.C.Dharmadhikari, J)