JANCY NELSON DSOUZA Vs. NELSON DSOUZA

JUDGEMENT

(1.) Petitioners are hereby assailing correctness, propriety and legality of the order of taking cognizance of the complaint filed by respondent No. 1 in the Court at Ulhasnagar passed in Criminal Case No. 148 of 1995, as well as summons issued in that context for the offences punishable under provisions of Sections 147, 148, 149, 323 of Indian Penal Code. A complaint was presented in the said Court against the present applicants alleging that on 19-5- 1995 they visited the house of respondent no. 1 (original complainant) between 8.30 p. m. and 9.30 p. m. which happens to be room No. 301, 3rd floor Crist Apartment, vandrapada, Ambarnath.

(2.) As indicated by the said complaint itself and submitted by Shri Joshi that the respondent No. 1 and present applicant no. 1 happens to be husband and wife. Their relations are strained. Already before filing of the present complaint, a complaint was filed by applicant No. 1 against respondent no. 1 alleging commission of the offence punishable under Section 498a of Indian penal Code. Shri Joshi submitted that on the said date some persons, had gone to the said house of respondent No. 1 for the purpose of taking back her belongings, she and all the applicants had visited the said room along with two police constables from ambarnath Police Station.

(3.) Shri Joshi submitted that when the applicants had visited the said room along with two police constables, from Ambarnath. why they would commit the offence alleged by respondent No. 1. It is the submission of Shri Joshi that the learned Magistrate should have noticed this aspect of the case and should not have issued the process against the applicants in respect of the offence punishable under provisions of sections 147, 148, 323 of Indian Penal Code. He submitted that in view of all these things, the present petition be allowed and the said prosecution be quashed.