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Documents citing Vikarant Sharma And 6 Ors vs State Of U.P. And 2 Ors on 1 February, 2016

Lokesh Bhati And 2 Others vs State Of Up And Another on 29 July, 2024

12. A Division Bench of This Court in case of Vikarant Sharma And Ors Vs State Of U.P. & Ors 2016:AHC:18599-DB held that Section 494 I.P.C. deals with substantive offence of Marrying again during life of husband or wife, whereas the procedure for redressal of grievance is provided under section 198 Cr.P.C. Section 198 Cr.P.C. Sub clause ( 1 ) clearly provided no Court shall take cognizance of an offence under Chapter XX of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence. Therefore, it is clear from Section 198 Cr.P.C. that a bar is imposed on the Court to take cognizance of an offence punishable under Section 494 IPC. The cognizance of for offence under section 494 IPC can only be taken on a complaint made by aggrieved party or any of her relatives mentioned in clause (c) of the proviso, or by any other person with the leave of the Court. It does not contemplate taking cognizance of the case on a police report/charge-sheet filed by the Police under Section 173(2) Cr.P.C. In the instant matter, neither charge sheet has been submitted for offence under Section - 494 I.P.C. nor any complaint has been filed in terms of Section - 198 Cr.P.C. The learned Magistrate took cognizance of offence under Section - 494 I.P.C. without any complaint. Hence, the cognizance and summoning of the applicant for offence under section 494 I.P.C. is bad in law and thus, liable to be quashed.
Allahabad High Court Cites 19 - Cited by 0 - R B Singh - Full Document

Paras Gupta @ Swapnil Gupta And Another vs State Of Up And Another on 9 August, 2024

9. A Division Bench of This Court in case of Vikarant Sharma And Ors Vs State Of U.P. & Ors 2016:AHC:18599-DB, held that Section 494 I.P.C. deals with substantive offence of marrying again during life of husband or wife, whereas the procedure for redressal of grievance is provided under section 198 Cr.P.C. Sub clause (1) of Section 198 Cr.P.C. clearly provides that no Court shall take cognizance of an offence under Chapter XX of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence. Therefore, it is clear from Section 198 Cr.P.C. that a bar is imposed on the Court to take cognizance of an offence punishable under Section 494 IPC. The cognizance of for offence under section 494 IPC can only be taken on a complaint made by aggrieved party or any of her relatives mentioned in clause (c) of the proviso, or by any other person with the leave of the Court. It does not contemplate taking cognizance of the case on a police report/charge-sheet filed by the Police under Section 173(2) Cr.P.C.
Allahabad High Court Cites 14 - Cited by 0 - R B Singh - Full Document

Vikram Sharma vs The State Of Madhya Pradesh on 19 December, 2016

Considering the submissions of the learned counsel for the applicant as well as the fact that charge-sheet has been filed and no further custodial interrogation of the applicant is required. Similarly, looking to the fact that the matter pertains to 2 M.Cr.C. No.14038/2016 (Vikarm Sharma Vs. State of M.P.) interpolation of documentary evidence and therefore, there is no chance to affect the evidence adversely, and in the interest of justice, without expressing any opinion on the merits of the case, this Court deem it fit to allow the bail application but with certain stringent conditions.
Madhya Pradesh High Court Cites 14 - Cited by 2 - Full Document
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