Allahabad High Court
Mahendra Singh vs State Of U.P.And Another on 2 February, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- APPLICATION U/S 482 No. - 2835 of 2009
Applicant :- Mahendra Singh
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- K.D. Tripathi,Anil Srivastava
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application under section 482 Cr.P.C. learned counsel for the applicant seeks to invoke the inherent jurisdiction of this court to quash the further proceedings of complaint case no. 615 of 2006, Smt. Harna Devi Vs. Mahendra Singh and the order dated 31.7.2007 passed by Special Chief Judicial Magistrate, Agra.
It is argued by the learned counsel for the applicant that when the parties were divorced on 5.2.2005, the applicant solemnized his remarriage on 16.5.2006, thus, his second marriage dated 16.5.2006 was valid. He had no knowledge about the appeal filed by the opp. party no. 2. Further it has been submitted that summoning order dated 31.7.2007 is a non speaking order whereby he has been summoned to face trial under section 494 I.P.C.
Learned A.G.A. opposed the prayer and submitted that the applicant had full knowledge about the appeal filed by his wife against the order of divorce passed by the trial court dated 5.2.2005, hence, summoning the applicant is quite well.
It is an admitted fact that the opp. party no. 2 was married with the applicant and vide judgment dated 5.2.2005 there marriage was dissolved. It is the version of the wife, the opp. party no. 2 that her appeal was admitted on 4.7.2005 and the applicant had full knowledge about the pendency of this appeal against the judgment dated 5.2.2005. The applicant solemnized his second marriage on 16.5.2006. While the version of the applicant is that he had no knowledge of the pendency of the appeal. It is further prayed that this appeal was dismissed on 8.9.2015.
The appeal was dismissed on 8.9.2015, the fact does not make any difference regarding the offence because the appeal is said to have been filed on 4.7.2005 and second marriage is said to be solemnized on 16.5.2006 whether the applicant had knowledge of this appeal or not is a factual matter which is to be decided by the trial court and not by this court. So far as the court order being non speaking order is concerned, from the perusal of the order, it is found that all the facts are mentioned in this order. Trial court appears to have used its judicial mind while passing this order. The trial court has mentioned his satisfaction regarding the prima facie commission of the crime in the order, hence, in my opinion, the arguments advanced by the learned counsel for the applicant have no force. The application is devoid of merits and is liable to rejected.
The application under section 482 Cr.P.C. is accordingly rejected.
Order Date :- 2.2.2023
Gss
