DEV NARAIN TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) D. K. TVivedi, J. By means of the present petition, the petitioners pray for quashing of the complaint contained in Annexure No. 3 on the ground that the complainant on the same facts lodged a report as Case Crime No. Nil/46 under Section 3941. P. C. at Police Station Nawabganj, district Gbnda.

(2.) IT is submitted that after investiga tion charge-sheet was submitted under Section 323/506/336i. P. C. and the case was pending before the Magistrate concerned. In the meantime, opposite party No. 2 filed a complaint contained in Annexure No. 3 before the Judicial Magistrate I, Gonda on the same facts under Sections 394, 308, 324/341. P. C. and the case was registered as Case No. 558 of 19-38. The learned Magistrate after receipt of the complaint, without any enquiry directed the S. O. Police Station Nawabganj to register a case under Section 394/308 I. P. C. against the accused persons and investigate it and sub mit report by 18-6-1988. The petitioners have challenged this order on the ground that already a case was registered under Section 3941. P. C. but the police submitted charge-sheet under Section 323, 506 and 3361. P. C. and the same was pending before the Magistrate. If the opposite party No. 2 is of the view that a case under Section 394 and 3081. P. C. is also made out then he will be free to move an application before the Magistrate in the said case for framing of the proper charges and filing of the second complaint in respect of the same incident and thereafter the Magistrate, without any enquiry, having directed the police to register a case under Section 394/3081. P. C. again is in my opinion, not proper.

(3.) IN these circumstances, in my opinion, the complaint filed by complainant Gomti Prasad opposite party No. contained in Annexure No. 3 is nothing else but an abuse of process of law and, therefore, the same is quashed and the petition is accordingly allowed. Petition allowed. .