PRAVIN Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Rule. By consent, Rule is made returnable forthwith.

(2.) By consent, heard finally.

(3.) The Petitioner is the original first informant. On the report lodged by him with Parola Police Station, Jalgaon, a case in respect of an offence punishable under Section 420 of the IPC was registered against Respondent Nos. 3 to 6. After investigation, the police filed a report alleging commission of offence punishable under Section 420 of the IPC read with Section 34 of the IPC, by the aforesaid Respondents. The Respondents made an application for discharge before the learned Magistrate. However, it appears that during the pendency of the discharge application, Respondent Nos. 3 to 6 approached this Court for quashing the proceedings instituted against them by filing a criminal application, which was numbered as Criminal Application No. 3751 of 2007. By an order dated 8th December, 2009, this Court partly allowed the said application. This Court, interalia, observed that no case for an offence punishable under Section 420 of the IPC was disclosed as against the said Respondents and that the said Respondents were not liable to be prosecuted with respect to the said accusations. However, it was also observed that though the police report did not mention anything about any offence under the Dowry Prohibition Act, prima facie, the offences punishable under Sections 3 and 4 of the said Act were disclosed from the police report and the accompanying documents. This Court, by the same order, also transferred the case from the Court of Judicial Magistrate First Class, Parola to the Court of Chief Judicial Magistrate, Dhule, for proceeding in accordance with law.