adverting to the constitutional validity of Section 497 of the
Indian Penal Code ( IPC ) and Section 198 of the Code of Criminal
Procedure ... noted that:-
“Prima facie, on a perusal of Section 497 of
the Indian Penal Code, we find that it grants
relief to the wife
Kanta Roy Choudhury,
the complainant in the case under a. 497, Indian Penal Code ,
against B. K. Sen. Furthermore, they had also examined Tarak
Nath ... Sessions Judge directing
further enquiry in the case under s. 497 , Indian Penal Code.
An important question to be decided in that proceeding was
whether
that this Court
has undoubtedly proceeded to find Section 497 of
the Indian Penal Code, 1860 (hereinafter referred
to as ‘ IPC ’ for brevity ... Section 497 IPC
and Section 198 (2) of the Code of Criminal
Procedure, 1973 (hereinafter referred to as
‘ Cr.P.C .’ for brevity
consistent with the allegations of offence
punishable under Sections 306 , 497 and 498 of IPC. The High
Court, however, got swayed away ... with the allegations for the offence
punishable under Sections 306 , 497 , 498 of IPC, yet, it
proceeded to direct further investigation
provisions of Sections
40 , 41 and 42 IPC which cover the offences punishable under
I.P.C . or under special or local ... setting, with the exception
of `adultery' as defined under Section 497 IPC. At this
juncture, we may refer to the decision given
offence punishable under Section 494 or Section 495 of the Indian Penal Code (45 of 1860) is the wife, complaint may be made ... converted to Islam, would be guilty of adultery under Section 497 IPC as the woman before her conversion was already married
offence punishable under s 494 or s 495 of
the Indian Penal Code (45 of 1860) is the wife, complaint
may be made ... converted to Islam, would be guilty of adultery
under Section 497 IPC as the woman before her conversion was
already married
Reddiar could be liable for offence of
Adultery under Section 497 of Indian Penal Code, 1860
(hereinafter called as ` IPC '). More ... adultery
and it would amount to an offence under Section 497 IPC.
23. In Smt. P.E.K. Kalliani Amma
Bimala Kanta Rov Choudhury against B.
K. Sen, under s. 497, I. P. C., were pending in
the
863
High Court. B. K. Sen held ... appellant had made comments on
the case under s. 497 , Indian Penal Code,
pending against B. K. Sen or in respect of
any matter pending
complaint against five persons for
an alleged offence under s. 500 , Indian Penal Code. This
complaint was verified on July 13, 1953, and was registered ... Magistrate, Circle No. 2, for an
alleged offence under s. 497 , Indian Penal Code. The case
was started on the complaint of Ganga Ram. That