Shanthappa and ors. Vs. State

- section 25: [k. sreedhar rao & b. sreenivase gowda, jj] claim for maintenance by second from the estate of her deceased husband prayer for creating charge on the suit property the marriage of 1st respondent with late h was contracted during the subsistence of the valid marriage with the 1st wife relief granted by the trial court legality of - appealed against held, the first respondent does not plead any kind of divorce of h with appellant no i. the first respondent is married to h with the knowledge of subsisting valid marriage between h and appellant no.1.therefore, the marriage is per se a nullity. further, if the 2nd marriage is consciously held to the knowledge of both the spouses that the first wife/husband is living at the time of 2nd marriage, section 25 of the hindu marriage act cannot be invoked to seek maintenance by either of the spouse of such bigamous marriage. the order of the trial court was set aside. .....investigation is vitiated as it is a biased investigation and the person interested in the cause has abused his powers as a police officer and filed the charge-sheet.3. the state public prosecutor also fairly concedes on the proposition of law that a police officer who has personal and vested interest in the cause should not be permitted to investigate the case. police officer who other than the official interest has any personal or vested interest in the cause should not be permitted to investigate the case. eventually the facts disclose that the investigation officer who himself is a complainant and interested in the cause has conducted investigation and filed the charge-sheet. therefore, the filing of this charge-sheet requires to be quashed. however, if the petitioners have committed the offence as alleged, it is also necessary and obligatory in law that an independent investigation has to be conducted into the matter in accordance with law and depending upon the result of such independent investigation,. the final reports have to be filed.4. in that view of the matter, the proceedings in cc no. 425 of 2000 is quashed. however, it is directed that the superintendent of police, hassan is directed to entrust the matter to any of the competent station house officers in his jurisdiction to carry out the investigation and to file the final report in accordance with law.5. the counsel for the petitioners submits that two of the accused. accused-5 prakash and accused-7 nagaraj son of appellants gowda are in judicial custody. in view of the orders passed, the said accused shall be released forthwith.6. the registrar is directed to communicate the order to the superintendent of police, hassan.