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Santosh vs. State of Rajasthan & Anr.

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Penal Code, 1860–Sec. 498-A & 406–Scope for constitution of offence–Petitioner-accused is alleged to be the second wife of accused P during the lifetime of legally wedded wife (complainant)–So-called second marriage would not give the status of wife to petitioner as the marriage itself is void–Petitioner cannot be termed the relative of husband–Furthermore, the complainant never entrusted her dowry articles to the petitioner–No occasion for framing the charge u/s. 406–Order of framing of charge against the petitioner is a gross abuse of law and cannot be sustained.