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

A.Subash Babu vs State Of A.P.& Anr on 21 July, 2011

The reliance placed by the counsel of informant on case of Subhash Babu vs. State of Andhra Pradhesh (supra) is wholly misplaced. The said case pertains to State of Andhra Pradesh and it appears from said judgment that in State of Andhra Pradesh section 494 IPC has been made cognizable for that State by way of local amendment of State of Andhra Pradesh. In state of Uttar Pradesh there is no such amendment. Hence, said case can not be applied in the instant matter.
Supreme Court of India Cites 37 - Cited by 129 - J M Panchal - Full Document

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

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 7 - Cited by 1 - Full Document
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