IPC
stand quashed. Section 494 IPC, being an offence falling under Chapter XX,
is expressly governed by the embargo contained in Section 198 ... record and the legal position
governing Section 198 of the Code of Criminal Procedure, it is evident that
although Section 494 of the Indian Penal
proceedings for want of compliance under Section 198(i)(b) read with Section 198(4) of Cr.P.C. The Jurisdictional Magistrate while rejecting ... order this criminal revision has been preferred on the ground that though the provisions contained in Section 198(i)(b) and 198(4)
this Court.
26. The Code of Criminal Procedure provides various avenues before the informant/victim to initiate criminal prosecution. The first avenue is of lodging ... offence, except offences punishable under Chapter XX of IPC , for which procedure prescribed under Section 198 Cr.P.C. is to be adhered
Chapter XIII of the
Code of Criminal Procedure , 1973 ("Code") more
particularly Sections 177 , 178 , 179 , 182 , 198 , 201 and 461
thereof ... conflated with the issue of territorial jurisdiction. Section 198
of the Code of Criminal Procedure. More particularly, 198(c)
which reads as;
c. "where
Petitioner
without considering the provisions of Section 198 of the Code of
Criminal Procedure, 1978. Therefore, the impugned order is illegal ... IPC i.e. bigamy and she died during pendency of the
complaint. Therefore, as per the provisions of Section 198 (1) (c) of the
applicant. He added that in view of the provisions of Section 198(1)(c) Cr.P.C., no court can take cognizance of an offence ... allegation under Section 494 IPC arising out of a matrimonial dispute. The legal proposition, as embodied under Section 198(1)(c) Cr.P.C., clearly
institute the
present complaint within the meaning of Section 198 of the Code of Criminal
Procedure. This provision is an exception to the general rule ... entitled to maintain the complaint within the meaning of s. 198 of
the Code. That section lays down that no magistrate shall take cognizance
validity of Section 497 IPC, by
which adultery was criminalised, was challenged. The
Constitution Bench held that Section 497 IPC is founded on
the antiquated ... statute and declared
it unconstitutional. Consequently, the provisions of Section
198(2) CrPC which made only the husband the aggrieved
person for offence
This has been specifically provided in Section 178
CrPC (corresponding to section 198 BNSS) and the said provision may
also be reproduced herein ... Therefore, in terms of the stipulations in Section 178
CrPC (corresponding to 198 BNSS), it cannot be said that no part
Section 497 IPC
being no longer part of the statute, having been declared unconstitutional. In
Signature Not Verified
Signed By:PRIYA CRL.A. 844/2013 ... Constitution of India. Not only that the
procedure prescribed in Section 198 (2) Cr.P.C has also been declared
unconstitutional.
11. In terms
