SHASHIKALA AMBALAL PATEL Vs. VISHNUKUMAR TRIBHOVANDAS PATEL

JUDGEMENT

(1.) HEARD Shri Nirzar S. Desai, learned counsel appearing for the applicant; Shri D.A. Bambhania, learned counsel appearing for the respondent nos.1 to 7 and Shri H.L. Jani, learned Additional Public Prosecutor, appearing on behalf of the respondent no.8 -State.

(2.) THE applicant is the orig.complainant of Criminal Case No.164 of 1995 decided by the learned Chief Metropolitan Magistrate, Ahmedabad, vide order dated 09th January 1989. The learned Chief Metropolitan Magistrate decided to discharge the respondent nos.1 to 7 -orig.accused on the ground of inadequacy of evidence as to the second marriage of respondent no.1 -Vishnukumar Tribhovandas Patel. Shri Nirzar Desai has taken this Court through the nature of evidence recorded and the order under challenge.

(3.) I have heard learned Additional Public Prosecutor Shri H.L. Jani and Shri D.A. Bambhania, learned counsel appearing for the respondent nos.1 to 7. Respondent nos.2 to 7 have been joined as they are the close relatives of respondent no.1. It is claimed by the complainant that respondent no.1 is her husband. In response to the query raised by the Court, Shri Desai submitted that the parties initially had attempted to see that the matter is settled out of the Court. On reading of the order under challenge, Shri H.L. Jani submitted that the order discharging the accused is a legal order and no error can be said to have been committed by the learned Chief Metropolitan Magistrate.