1 S.B.Criminal Revision Petition No.881/2007 Smt. Manju Devi & Ors. v. State of Rajasthan & Anr. Date of Order :: 2nd January, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. S.R.Sharma, for the petitioners. Mr. Ashok Upadhyay, Public Prosecutor. Mr. Pradeep Shah, for the respondent. .... By order impugned dated 23.5.2006 passed by learned Judicial Magistrate No.2, Udaipur City (North) cognizance was taken against petitioner No.16 Praveen son of Ramjilal for the offence punishable under Section 494 IPC and against the remaining petitioners for the offence punishable under Section 494/109 IPC. The contention to challenge the order impugned is that as a matter of fact no marriage as alleged was ever performed by Shri Praveen and none of the petitioners in any manner abated him for solemnising marriage during lifetime of her wife. It is urged that there is no material available on record to establish any of the offence cognizance of that was taken by the order impugned. I have gone through the entire record. 2 From reading of the statements of the maternal uncle of respondent Smt. Kalpana, Shri Bankelal and also from the police report, I am satisfied that adequate material is available to take cognizance of the offence punishable under Section 494 IPC against accused Praveen and for the offence under Section 494/109 IPC against Ramjilal, Omwati, Omprakash, Vinod s/o Bhuri Singh, Smt. Gudia, Smt. Shakuntala, Vinod s/o Rameshwar, Smt. Rudrani, Smt. Manju Devi and Smt. Mamta. However, no material is available even by accepting whatever material available on record to take cognizance of the offence under Section 494/109 IPC against accused Sunharilal, Smt. Vidhya Devi, Rameshwar, Smt. Munni Devi, Bhagirath and Smt. Kela Devi. I am also satisfied that no evidence is also available against petitioner No.17 Priyanka for the offence under Section 494/109 IPC. Thus, this revision petition deserves to be accepted in part. Accordingly, the revision petition preferred on behalf of petitioners Praveen, Ramjilal, Omwati, Omprakash, Vinod s/o Bhuri Singh, Smt. Gudia, Smt. Shakuntala, Vinod s/o Rameshwar, Smt. Rudrani, Smt. Manju Devi and Smt. Mamta is rejected, however, the order passed by learned Judicial Magistrate No.2, Udaipur City (North) to the extent it relates to taking cognizance for the offence under Section 494/109 IPC against petitioners Sunharilal, Smt. 3 Vidhya Devi, Rameshwar, Smt. Munni Devi, Bhagirath, Smt. Kela Devi and Priyanka stands quashed. ( GOVIND MATHUR ),J. Kkm/ps.