MR. MAHENDRA R. DHOLAKIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The Writ Petition is heard finally with the consent of learned counsel for the rival parties.

(2.) By this Writ Petition, the Petitioner is seeking quashing of an First Information Report (FIR) dated 05/03/2015, registered against him for an offence punishable under Sections 193, 211, 406 and 420 of the Indian Penal Code (IPC), on the basis of an order dated 24/02/2015 passed by the Court of Additional Chief Metropolitan Magistrate under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.). The order was passed by the Magistrate on a complaint dated 04/02/2015 filed by the Respondent No.2 alleging certain acts on the part of the Petitioner which had the ingredients of the said offences. The Petitioner has also sought quashing of charge-sheet filed in pursuance of registration of the said FIR.

(3.) The principal ground for pressing the prayer for quashing of the FIR and the charge-sheet is that the Respondent No.2 (original complainant) had filed an identical complaint earlier in the year 2013 before the Magistrate, which was pending consideration and filing of the said subsequent complaint in the year 2015 on the same allegations was not maintainable.