PARESH CHATURDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner - original accused in Criminal Case No. 1903 of 1996 has filed this petition under Article 227 of the Constitution of India praying for quashing and setting aside the proceedings of Criminal Case No. 1903 of 1996 initiated against the petitioner along with the order passed below application Exh. 109 in Criminal Case No. 1903 of 1996.

(2.) THIS Court vide its order dated 10. 09. 2004 permitted the petitioner to join the original complainant as party - respondent No. 2 and issued notice on the State Government as well as this newly joined party. While issuing the notice, the Court has observed that since November 2003, there is no substantive progress in the complaint filed against the present petitioner. The Court has also taken note of the various litigations that had taken place between the parties since May 1991 and this being a matrimonial dispute, the Court has issued notice to the respondents, more particularly, respondent No. 2.

(3.) ON 06. 10. 2004, the Court has passed further order and observed that certain documents including earlier complaint and final outcome of two complaints would be required for perusal of this Court because the allegations made in the earlier complaints and disposal of the same would be relevant in the background of one fact that the petitioner had approached this Court on earlier occasion by moving the petition under Section 482 of the Criminal Procedure Code pending investigation in the year 2002. The Court thereafter issued rule on 21. 10. 2004 and after considering the list of events as well as the copy of the judgment wherein petitioner came to be acquitted and other relevant circumstances that have been placed on record, the Court granted stay against further proceedings of Criminal Case No. 1903 of 1996 pending in the Court of learned Judicial Magistrate First Class, Vijapur, pending the hearing and final disposal of this petition.