GOPAL KRISHNA DUA Vs. STATE

JUDGEMENT

(1.) THIS revision petition under Section 397 read with Sections 401/482 and 483 of the Code of Criminal Procedure. 1973 (Cr. P. C.) and Article 227 of the constitution of India is directed against the order dated 14th August 2008 passed by the learned Metropolitan Magistrate ('mm'), new Delhi rejecting the application filed by the Petitioner under Section 156 (3) Cr. P. C.

(2.) THE background to the filing of the aforementioned case is that FIR No. 356 of 2007 was registered against the petitioner under Sections 406/498a/506 of the Indian penal Code ('ipc') at the instance of the petitioner's wife, pursuant to an application filed by her under Section 156 (3) Cr. P. C. It is stated that pursuant to the registration of the said FIR the Petitioner filed an application for anticipatory bail which came to be dismissed by this Court on 14th May 2008. Aggrieved by the said order the Petitioner filed a Special Leave Petition (Crl)No. 4222 of 2008. While directing notice to issue in the SLP the Supreme Court directed that the Petitioner will not be arrested.

(3.) ACCORDING to the Petitioner, after the dismissal of the bail application by this court he ceased to stay at the matrimonial home at W-108, Greater Kailash- II. New delhi where his wife and two children were residing. The Petitioner states that on 29th may 2008 he reached the aforementioned premises at about 7. 30 pm and was sitting in the lobby when his wife called the police asking the Petitioner to be arrested. Thereafter the Petitioner was taken to the police station. After the police was shown the stay order dated 27th May 2008 by the petitioner's lawyer, the Petitioner was released on the same day. When he returned to the premises at about 10. 10 pm, he was restrained by his wife from entering the house. He immediately informed the police about this incident, but no action was taken. Thereafter on 17th June 2008 when he visited the house, he was shocked to see that all his belongings had already been removed by his wife. On the above averments the petitioner filed a complaint with the police on 23rd July 2008. When no action was taken by the police the Petitioner filed a complaint Case against his wife in the court of the learned MM under Section 200 cr. P. C. together with an application under section 156 (3) Crpc.