SUBHASH Vs. JEEVANDHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned High Court Government Pleader for respondent State. Perused the records.

(2.) PETITIONERS are arrayed as accused Nos.1 and 2 in C.C. No.69/2012 arising out of P.C. No.13/2011 on the file of Civil Judge and J.M.F.C., Kundagol, for the offence punishable under Section 500 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity).

(3.) THE learned counsel for petitioners submitted that the complaint lodged by respondent herein amounts to abuse of process of Court. At this stage even the translation of entire averments of the complaint does not disclose any offence, particularly the offence under Section 500 of I.P.C. He further contended that the respondent has earlier filed a complaint under Section 200 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for brevity) making allegations against the petitioners for the offences punishable under Sections 410, 425, 463, 464, 469 and 471 read with Section 34 and 149 of I.P.C. In fact the said complaint was referred to Kundgol police for investigation and Kundgol police have submitted a charge sheet for the above said offences against the petitioners. After appearance before the Court, petitioners have filed an application under Section 239 of Cr.P.C. After hearing both the parties, the Court has discharged the accused persons for the above said offences. Having failed in his attempt to prosecute these petitioners for the above said offences before the Criminal Court the respondent with a cantankerous and clandestine intention has filed another private complaint in P.C. No.13/2011. The learned Magistrate after recording the sworn statement of complainant has taken cognizance and issued process against the petitioners for the offence punishable under Section 500 of I.P.C. Hence, the petitioners have approached this Court seeking quashing of the entire proceedings.