offence defined in the last preceding Section........" The
reference to Section 494 IPC in Section 495 IPC makes it
clear that Section 495 ... without the authorization under Section 155(2) or Section
156(3) of Criminal Penal Code, offences under Sections 494,
495 and 496 having been rendered
under Section 498 . 506 IPC and after investigation charge sheet was submitted against the accused under Sections 494 , 495 , 506 IPC. But a prayer ... knowledge. "
12. Section 495 IPC is aggravated form of Section 494 IPC. Section 495 IPC reads as under:
Whoever commits the offence defined
section (4) may make a
complaint on his behalf;
(c) where the person aggrieved by an offence
punishable under section 494 or section 495 ... provides that where the person
aggrieved by an offence under Section 494 or Section
495 , IPC is the wife, complaint on her behalf may also
Section 198(1)(c) Cr.P.C., when a
wife is aggrieved of the offence under Section 494 or 495 IPC , the
complaint ... without the authorization under Section 155(2) or
Section 156(3) of Criminal Penal Code, offences under Sections 494,
495 and 496 having been rendered
such they
have filed charge sheet giving up offence under Section
495 of IPC.
5. Being aggrieved by the same, a protest petition
came ... record was not placed properly to attract the offence under
Section 495 of IPC, the learned Magistrate after
considering the necessary material on record
495.
Learned counsel for the applicant submits that Section
495 of the IPC is made out only when the applicant has concealed
the fact about ... wife has been declared void by a
Court of competent jurisdiction.
Section 495 says that same offence under Section 494 ,
whoever commits having concealed from
taken cognizance of the offence illegally.
Alleging an offence under Section 495 IPC, the defacto
Crl.M.C.No. 3209 of 2012
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complainant, wife ... Kuravilangad Police Station for the offence under
Section 495 Cr.P.C. It seems that he had continued
the investigation and laid the final report
further argued that though as per the Central Law
Section 495 IPC is a bailable offence ... Amendment) [Act 3/1992] w.e.f. 15.02.1992, Section 495 IPC is a
non-bailable offence and therefore, the trial Court erred in treating
acquitting the second respondent/A1 from the charges under Sections 495, 498-A, 506 (Part 2) IPC and Section 4 of the Dowry Prohibition ... filed the charge sheet against the accused for the offences under Sections 495, 498-A, 506 (Part 2) IPC and Section 4 of the Dowry
referred to
provisions of Sec. 195 CrPC and submitted that as some offences were u/s.
494 / 495 IPC, the learned MM could not have ... court to hold that
conviction u/s 498-A / 34 IPC cannot be sustained.
ON CONVICTION U/S 494/495
