Learned A.G.A. has put in appearance on behalf of the State.
Issue notice to opposite party no. 3 returnable at an early date.
List immediately after service. Steps be taken within a period of seven days through registered post, failing which the interim order which is being passed herein below shall come to an end automatically.
Learned counsel for the petitioners submits that initially a complaint case bearing case no. 662 of 1996 (Annexure No. 9) was filed by the opposite party no. 3 saying that her marriage was performed with the petitioner no. 1 in the year 1960. Subsequently, petitioner no. 1 performed second marriage illegally in the month of May, 1974 with petitioner no. 2. It is pointed out that this complaint itself was filed after a lapse of about 22 years of the alleged second marriage. However, the learned magistrate without application of his mind passed the summoning order on 27.01.1997 (Annexure No. 9-A). Somehow on 23.04.1998 his complaint was dismissed for default and non prosecution (Annexure No. 10). Then again after about 9 years, opposite party no. 3 lodged the F.I.R. (Annexure No. 4) on 22.02.2007 without disclosing the date of alleged second marriage and also the fact of filing of the aforesaid previous complaint in the year 1996 and its dismissal on 23.04.1998. Nevertheless, the petitioner being law abiding citizens appeared before the court below and sought bail.
In view of the above, it appears to be an arguable case for the purpose of invoking the inherent powers of this Court to ensure the substantial justice.
As an interim measure, it is provided that till the next date of listing proceedings arising out of N.C.R. No. 23 of 2007, dated 22.02.2007, Crime No. Nil, Police Station Alambagh, Lucknow and Charge Sheet dated 17.07.2007, under Sections 494/506 I.P.C., pending in the Court of Addl. Judicial Magistrate, Lucknow shall remain stayed.
Order Date :- 5.1.2010 ML/-