PATEL KANTILAL BABALDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Section 482 of the Criminal Procedure Code, the applicant original accused No.2, has prayed for an appropriate order quashing and setting aside the order dated 20.01.2007 passed below Exh. 3 in Criminal Case No. 2140 of 2006 by the learned Principal Judicial Magistrate First Class Court, Kalol and discharge the applicant in connection with the complaint filed by opponent No.2 before the Kalol Police Station bearing F.I.R. No. I/48/2006 for the offences punishable under Section 498(c)(a), 420 and 114 of the Indian Penal Code and Sections 3 and 7 of the Prevention of Dowry Act.

(2.) It is the case on behalf of the applicant that respondent No.2 herein filed one complaint on 10.08.2005 against the applicant and his family members before the Vadnagar Police Station bearing C.R.No. I/89/2005 for the offences punishable under Sections 498-A and 420 of the Indian Penal Code. That on 02.08.2005 summons of the Superior Court for the Country of Dooly, State of Georgia in Civil Action No.05DV-0156 came to be received by respondent No.2 and she has given reply to the said proceedings on 06.08.2005 and in the said case, the Superior Court for the Country of Dooly, State of Georgia has passed the Decree of Divorce on 27.06.2006. It is the case on behalf of the applicant that on 15.04.2006, the applicant filed application below Exh. 5 in Criminal Case No. 87 of 2006 before the learned Chief Judicial Magistrate, Vadnagar under Section 239 for discharge and by order dated 04.05.2006, the learned Chief Judicial Magistrate, Vadnagar allowed the discharge application of the applicant and discharged him on the ground of jurisdiction and limitation. Said order came to be confirmed by the Revisional Court by order dated 25.07.2006. That thereafter, on 26.07.2006, respondent No.2 original complainant has filed present complaint before the Kalol City Police Station against the applicant and his family members being C.R.No. I/48/2006 for the offences punishable under Sections 498(c)(a), 420 and 114 of the Indian Penal Code and under the Prevention of Dowry Act. That thereafter, concerned Investigating Officer submitted charge-sheet on 09.10.2006 before the learned Chief Judicial Magistrate, Kalol. That on 07.11.2006 the applicant filed application below Exh. 3 in Criminal Case No. 2140 of 2006 before the learned Chief Judicial Magistrate, Kalol for discharging him from the charge under Section 239 of the Criminal Procedure Code and by impugned order dated 20.01.2007 the learned Principal Judicial Magistrate First Class, Kalol dismissed the said application of the applicant below Exh.3 for discharge. Therefore, the applicant original accused has preferred the present application for the aforesaid reliefs.

(3.) The learned Advocate appearing on behalf of the applicant has vehemently submitted that when earlier the applicant was discharged by the learned Chief Judicial Magistrate, Vadnagar for the same offences, the second complaint before the Police Station, Kalol was not maintainable. It is submitted by him that the earlier complaint before the Vadnagar Police Station was also for the offences punishable under Sections 498(c)(a), 420 and 114 of the Indian Penal Code and under the Prevention of Dowry Act in which the applicant came to be discharged by the learned Chief Judicial Magistrate by order dated 04.05.2006 and the said order was also confirmed by the Revisional Court, therefore, second complaint is not maintainable. The learned trial Court has committed an error in dismissing the discharge application. It is further submitted that even otherwise the applicant has not committed any offence as alleged. Therefore, it is requested to quash the complaint as well as the charge-sheet.