A. SUBASH BABU versus STATE OF A.P.& ANR.

Citation: [2011] 9 S.C.R. 453 · Decided: 21-07-2011 · Supreme Court of India · Bench: J.M. PANCHAL · Disposal: Disposed off
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Judgment (excerpt)

[2011) 9 S.C.R. 453 
,. 
A. SUBASH BABU 
A 
v. 
STATE OF A.P.& ANR. 
(Criminal Appeal No. 1428 of 2011) 
~f \\ 
JULY 21, 2011 
B 
[J.M. PANCHAL AND H.L. GOKHALE, JJ.] 
PENAL CODE, 1860: 
ss. 494 and 495, rlw s. 198(1),Cr.P.C. - Bigamy with c 
concealment of factum of existing marriage -'Person 
aggrieved'- Husband governed by Hindu Law - Complaint 
by second wife - Maintainability of - Held: Where second wife 
" 
alleges that the accused husband had married her according 
to Hindu rites despite the fact that he was already married to 
D 
another lady and the factum of the first marriage was 
concealed from her, the second wife would be an aggrieved 
person within the meaning of s. 198 Cr. P.C. - Section 494 
/PC does not restrict the right of filing complaint to the first 
wife and there is no reason to read the said section in a 
E 
restricted manner - The complaint can also be filed by the 
person with whom the second marriage takes place which is 
void by reason of its taking place during the life of the first 
wife - Besides, until the declaration contemplated by s. 11 of 
..... 
Hindu Marriage Act is made by competent court, the woman 
F 
with whom the second marriage is solemnized continues to 
be the wife within the meaning of s. 494 /PC and would be 
entitled to maintain a complaint against her husband for 
offences punishable ulss 494 and 495 /PC - Code of 
f 
Criminal Procedure, 1973 - s. 198 (1) - Hindu Marriage Act, 
G 
• 1955 - s. 1-1 . 
ss. 494, 495, 498A, 417 and 420- Complaint by second 
wife against the husband -
High Court quashing the 
proceedfng'S'pending before the Judicial Magistrate as 
/ 
453 
H 
454 
SUPREME COURT REPORTS 
[2011] 9 S.C.R. 
A regards s. 498A holding that the complainant was not wife 
within the meaning of s. 498A and was not entitled to maintain 
the complaint under the said provision - HELD: High Court 
was not at all justified in its order- The conclusion of the High 
Court is such as to shake the conscience and sense of justice 
B - Even in the absence of challenge either by the State or the 
complainant, in exercise of power under article 136, that part 
of the judgment of the High Court by which the complaint for 
offence punishable uls 498A filed by the second wife is 
quashed by the High Court is set aside and the charge-sheet 
·C submitted by the 10 shall stand revived - Constitution of India, 
1950 - Article 136. 
CODE OF CRIMINAL PROCEDURE, 1973 
s. 156 rlw s.198 and First Schedule (as amended by 
D Andhra Pradesh Act 3 of 1992) -Offences punishable ulss 
494 and 495 !PC made cognizable and non-bailable in the 
State of Andhra Pradesh - Held: The amendment made shall 
prevail in the State of Andhra Pradesh notwithstanding the fact 
that in the Code of Criminal Procedure, offences ulss 494 and 
E 495 are treated as non-cognizable offences - Once First 
Schedule to the Code of Criminal Procedure, 1973 stands 
amended and offences punishable u/ss 494 and 495 /PC are 
made cognizable offences, those offences will have to be 
regarded as cognizable offences in the State of Andhra 
F Pradesh for all purposes of the Code of Criminal Procedure, 
1973 including for the purpose of s.198 thereof - Therefore, 
as the offences have been made cognizable offences in the 
State of Andhra Pradesh, the same will have to be dealt with 
as provided ul s 156 CrPC - Constitution of India, 1950 -
G Articles 246 (2), 254 (2), 254 (4) - Seventh Schedule - List 
Ill, Entry 2. 
H 
s. 155( 4) - Case relating to two or more offences of which 
at least one is cognizable - Held: If the police files a charge-
sheet in such a case, the court can take cognizance also of 
I • 
A. SUBASH BABU v. STATE OF A.P.& ANR. 
·455 
non-cognizable offence along with the cognizable offe~ce by 
virtue ofs. 155 (4). 
A 
CONSTITUTION OF IND/A, 1950: 
/' 
Articles 246 (2) and 254 (2) - Seventh Schedule - List B 
Ill, Entry 2- By Andhra Pradesh Act 3of1992, First Schedule 
to Cr. PC amended and ss. 494 and 495 /PC made 
cognizable and non-bailable in the State of Andhra Pradesh 
- Held: If a law passes a test of Clause (2) of Article 254, it 
will make Clause (1) inapplicable to it - To the general rule 
laid down in Clause (1), Clause (2) engrafts an exception, viz. c 
if the President assents to a State Law which has been 
reserved for his consideration as required by Article 200, it 
will prevail notwithstanding its repugnancy to an earlier law of 
• 
the Union - Code of Criminal Procedure (Andhra Pradesh 
Second Am
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