CrPC, vide order dated 06.01.2015, the learned Chief Judicial
Magistrate, Madhepura took cognizance under Section 497 of the
IPC against the petitioner ... abettor.
12. Thus, it would be evident that though section 497
IPC confers upon the husband a right to prosecute the adulterer
Champaran at Bettiah for committing offences under
Sections 497 and 498 of the Indian Penal Code and was directed to
suffer rigorous imprisonment for five ... offences under Sections 497 and
498 of the Indian Penal Code.
4. Section 497 IPC reads as under:-
"497. Adultery.- Whoever
sole
appellant Tuntun Sah stood convicted under Sections 497
and 498 of the Indian Penal Code (hereinafter referred to as
the ― IPC ... offence
punishable under 1 section 494 or section 495 ] of the
Indian Penal Code (45 of 1860 ) is the wife,
complaint may be made
Tarikat since much prior to the year, 2018, when Section
497 IPC providing for punishment for adultery was declared
unconstitutional in Josehph Shine
wherein the Apex
Court has held that Section 497 IPC is violative of Articles 14 ,
15(1) and 21 of the Constitution being
wherein the the Apex Court has
held that Section 497 IPC is violative of Articles 14 , 15(1) and
21 of the Constitution
fulfilled the requirement constituting an offence under Section
497 of the Indian Penal Code, which reads as such:-
"497. Adultery - Whoever has sexual
intercourse ... 497 of
the same and with the above modification in the conviction, the
sentence, for the offence under Section 497 of the Indian Penal
Code
propriety of his conviction under Sections 366A
and 497 of the Indian Penal Code which was
recorded by the 4th Additional Sessions Judge,
Madhubani ... under Section
366A of the Indian Penal Code. As regards the
conviction under Section 497 of the Penal Code,
firstly, there was no charge framed
Prasad, J.
1. The appellant has been convicted Under Section 497 , Indian Penal Code, and -sentenced to undergo rigorous imprisonment for five years
face trial for offence punishable under
Section 497 of the Indian Penal Code."
Patna High Court CR. MISC. No.49355 ... Chief Judicial Magistrate, Purnea had issued
summons under Section 497 of the Indian Penal Code by order
dated 21.10.2013. Challenge to the same
