JUDGMENT :- Heard. Perused record. 2. Rule. Rule made returnable forthwith. 3. Heard finally by mutual consent of the parties. 4. Respondent No.2 Shaikh Zarina lodged the private complaint - R.C.C. No. 1514/2011 alleging that she was cheated to enter into matrimonial relations with the petitioner on 04/11/2009, by mis-representation that it was his first marriage. She further alleged that the previous marriage of the petitioner was dissolved on 04/11/2008 and this fact was learnt by her when she went to cohabit with the petitioner. 5. Learned Judicial Magistrate (First Class), Aurangabad, upon going through the contents of the complaint, documents and verification statement as well as statements of witnesses, issued process for the offence punishable under section 495 of the Indian Penal Code against the petitioner/accused on 20/10/2011. This order of issuance of process is under challenge in the present petition. Section 495 of the Indian Penal Code, 1860 reads as under. 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted. -- Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 6. Thus, it can be seen that the commission of the offence punishable under section 494 of the Indian Penal Code is essential along with concealment of the act of former marriage from the person with whom subsequent marriage is contacted, in order to translate the act of the said concealment into an offence punishable under section 495 of the Indian Penal Code. In the instant case, it is an admitted fact that the petitioner/accused was a divorcee as on the date of his marriage with respondent No.2 and as such he had not committed an offence punishable under section 494 of the Indian Penal Code, 1860, at the material time. 7. On this back ground, the issuance of process under section 495 of the Indian Penal Code, 1860 against the petitioner/accused is bad in law. The order dated 20/10/2011 passed by learned Judicial Magistrate (First Class) 15th Court, Aurangabad of issuing process under section 495 of the Indian Penal Code, 1860 in R.C.C. No. 1514/2011 is quashed. Criminal Writ Petition No. 1097/2011 stands disposed of accordingly. The order dated 20/10/2011 passed by learned Judicial Magistrate (First Class) 15th Court, Aurangabad of issuing process under section 495 of the Indian Penal Code, 1860 in R.C.C. No. 1514/2011 is quashed. Criminal Writ Petition No. 1097/2011 stands disposed of accordingly. Rule is therefore, made absolute, in terms of prayer clause "B" Ordered accordingly.