IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTIETH (30TH) DAY OF NOVEMBER, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Crl.P.No.5948 of 2010 Between: Tatina Venkata Krishna Rangarao & 9 others … Petitioners And: Smt. Tatina Venkayamma & another .... Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY Crl.P.No.5948 of 2010 ORDER: This petition is filed under Section 482 Cr.P.C. for quashing further proceedings against the petitioners in CC No.211 of 2010 on the file of the II Additional Judicial Magistrate of I Class, Tanuku. 2. Heard the learned counsel for the petitioners and the learned counsel for the first respondent-complainant. Perused the record. 3. The first respondent herein filed a private complaint against the petitioners before the Additional Judicial Magistrate of I Class, Tanuku, alleging the offence under Section 494 IPC read with 34 IPC and the same was taken cognizance in CC No.211 of 2010. According to the complainant, she is legally wedded wife of A.1. A.2 is the 2nd wife, A.3 is the mother, and A.4 is the brother-in-law of A.1. A.5 to A.7 and A.10 are stated to be close associates of A.1. A.8 and A.9 are brothers of A.2. The complainant alleges that her marriage with A.1 was performed 43 years back and certain disputes arose between them resulting in suit for maintenance and also possession of land, filed by the complainant and A.1 filed a petition in OP No.132 of 2002 on the file of the Senior Civil Judge, Tanuku, for divorce on the ground of desertion and the said petition was allowed and divorce was granted. The complainant preferred an appeal before the High Court in CMA (SR) No.15941 of 2007 and this Court, by order dated 17.04.2007 granted interim suspension of the order of divorce. The complainant alleges that A.1 was well aware of the order passed by the High Court, where by the marriage between the complainant and A.1 was subsisting, but however he married A.2 on 04.05.2007 at Sri Venkateswara Taapimastries Association, Ramachandrapuram. The complainant further alleges that A.3 to A.10 played key role in performing the 2nd marriage of A.1 with A.2 knowing fully well that the marriage between A.1 and the complainant was subsisting. 4. The petitioners would submit that A.1 married A.2 on 04.05.2007 and the interim suspension granted by the High Court on 08.05.2007 was served on 11.05.2007 and therefore, A.1 married A.2 even before the order of suspension of the impugned order passed by the High Court and hence, the ingredients of the offence under Section 494 IPC are not attracted. 5. Admittedly, A.1 married A.2 as a second wife. According to the complainant, A.1 entered into the said marriage with A.2 with full knowledge of the order of interim suspension granted by this Court suspending the order of divorce passed by the Senior Civil Judge, Tanuku. The first petitioner-A.1 on the other hand would contend that the order of interim suspension was granted subsequent to his marriage with A.2 and therefore, by the date of the said marriage, the first marriage with the petitioner was not subsisting and hence, no offence is made out under Section 494 of IPC. 6. The question as to whether or not A.1 married A.2 as second wife with the knowledge of the order of interim suspension passed by this Court, is a matter to be considered by the trial Court during the course of trial after necessary evidence is adduced showing the dates on which the marriage with A.2 took place and when the interim order was passed by this Court and served on A.1. The disputed question of fact, which is required to be decided on evidence during the trial cannot be gone in to in the present proceedings. Having regard to the peculiar nature of the case, it is considered just and expedient that regular trial is allowed to be conducted in the matter instead of quashing further proceedings by invoking inherent powers of the Court under Section 482 Cr.P.C. 7. In the result, the criminal petition is dismissed. ____________________ G.V.SEETHAPATHY, J Date: 30.11.2010 bss