KUNAL JASHWANTLAL NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Harshil C. Dattani, learned advocate for Mr.P.P.Majmumdar, learned advocate for the applicants, whereas Mr.K.P. Raval, learned Additional Public Prosecutor for the opponent -State and Ms.Kiran Pandey, learned advocate for opponent No.3.

(2.) The applicant No.1 is a husband and respondent No.3 is his wife, whereas, applicant Nos.2 and 3 are parents and applicant No.4 is sister of applicant No.1. The applicants have challenged the judgment and order dated 11.07.2014 passed in Criminal Misc. Application No.769 of 2014 by the Judicial Magistrate First Class at Vadodara below Exh.8 as well as order dated 01.08.2014 passed in Criminal Appeal No.69 of 2014. By such impugned judgments both the Courts below have rejected the prayer of the present applicants to dismiss the complaint and to discharge them and thereby close the criminal proceedings against them on the ground that the Protection Officer, who has lodged the complaint before the trial Court, is not empowered to work as such and therefore, filing of complaint itself is illegal and hence, no proceedings can be initiated and continued against the present applicants.

(3.) It is an undisputed fact that the opponent No.2 herein is wife and applicant No.1 is her husband, whereas, applicant Nos.2 and 3 are father and mother in law respectively, whereas, applicant No.4 is sister -in -law i.e. sister of applicant No.1 -husband.