HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.1446 of 2007 DATED 04.02.2010 Between: D.Bhargavi … Petitioner And The State of A.P., rep. By its Public Prosecutor, High Court of A.P. Hyderabad and 2 others. … Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.1446 of 2007 ORDER: This petition is filed by the 2nd accused for quashing proceedings in un-numbered C.C. on the file of Judicial Magistrate of the First Class, Gadwal filed by Gadwal Town police in Crime No.122/2006 relating to offences punishable under Sections 498-A and 494 of I.P.C. 2) Even though calendar case is stated to be un-numbered before the Magistrate, copy of the said charge sheet, copy of F.I.R and copies of statements of witnesses are filed along with this petition. 3) The 3rd respondent/defacto-complainant is wife of the 2nd respondent/A-1. A-2 is stated to be having illicit intimacy with A-1. In the charge sheet it was stated that A-1 is liable for punishment for offences punishable under Sections 498-A and 494 I.P.C and that A-2 is liable for punishment for offence punishable under Section 494 I.P.C. Thus, A-2 is charged with offence punishable under Section 494 I.P.C alone. Section 494 I.P.C deals with offence of bigamy. In order to constitute an offence under Section 494 I.P.C, there must be marriage between the husband and another woman. Another woman in this case is A-2. Even as per allegations in F.I.R and in the charge sheet, there is no whisper about any marriage between A-1 and A-2. It is alleged that A-1 after developing illicit intimacy with A-2, has been harassing the defacto-complainant and that A-1 also harassed her for the sake of additional dowry. On those allegations, there may not be any offence of bigamy punishable under Section 494 I.P.C against anybody and more particularly against A-2. Thus, there is no prima facie case at all in so far as A-2 is concerned. In the result, the petition is allowed, quashing proceedings in un- numbered charge sheet filed by Gadwal Town Police in Crime No.122/2006 on the file of Judicial Magistrate of the First Class, Gadwal in so far as the petitioner/A-2 is concerned. _____________________________ SAMUDRALA GOVINDARAJULU, J February 04, 2010 KSH HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.1446 of 2007 February 04, 2010 KSH