SUKUMAR BISWAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant Sukumar has filed this application under Section 482 of the Criminal Procedure code read with Article 227 of the Constitution of India praying for quashing the order issuing process and criminal proceedings in Criminal Case No. 10 of 1990 and the order passed by the sessions Judge, Akola dated 6. 9. 1990 in Criminal Revision No. 183 of 1990.

(2.) SHORTLY stated, the facts of the case arc that the applicant was married with one Preeti Biswas (nee) Mondal on 10. 5. 1984 and they were residing. in Calcutta. That the wife of the applicant deserted the applicant in the year 1989. The applicant filed a suit for divorce on 22. 11. 1989 and therein he has pleaded in addition to ground of the desertion and cruelty, adultery with the non-applicant No. 2 Mukund Behari. Summons of the suit were issued. The non-applicant No. 2 was serving as Chief Executive Officer, Zilla Parishad, Akola where he received the summons of the case. He has filed Criminal Case No. 10 of 1990 in the Court of Judicial Magistrate First class, Akola against the applicant under Sections 294, 499 read with 500 of the Indian Penal code on the ground that the averments made against him in the suit for divorce are defamatory. The summons of the complaint case were received by the applicant.

(3.) THE applicant therefore had moved the Court of Magistrate under Section 309 of the Criminal procedure Code for stay of the proceedings. The application came to be rejected on 9. 7. 1990. The applicant therefore preferred Criminal Revision No. 183 of 1990. before the Sessions Court, akola which was also rejected on 6. 9. 1990. Thereafter, the applicant filed an application for exemption under Section 205 of the Criminal Procedure Code in the Court of Trial Magistrate, akola which was also rejected. Hence the applicant has preferred the instant application.