ASLAMKHAN @ NAWABKHAN RAHIMKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Revision Application arises out of order dated 27th September, 2012 passed by learned Metropolitan Magistrate, Court No.25, Ahmedabad, under Section 239 of the Code of Criminal Procedure, whereby he has dismissed applicant-accused's application for discharge.

(2.) UPON a complaint by one Zabinabanu Asifbhai Ansari, a FIR being Crime No.I-60 of 2011 with the Shahpur Police Station came to be registered. According to the complaint, the complainant was staying with her parents. Her father was doing business of ready-made garments. Navab Pathan, the present applicant, was partner in the father's business. Said Navabkhan therefore used to come to complainant's house, which led to development of a love affair between the complainant and Navabkhan. As the facts in the complaint go further, thereafter on 12th January, 2011 they both got married and complainant went to stay in the house of Navabkhan. It is further stated that after staying for three days in his house, she knew that Navabkhan was a married person and had two sons as well. Therefore, the complainant immediately left his house, came back to the parental house and before two months, both have taken divorce.

(3.) IN light of the contents of the complaint noted above, it is useful to consider Section 326 and 114 of the Indian Penal Code. Section 326 reads as under: