SHAIKH IMRAN SHAIKH AKBAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties taken up for final hearing.

(2.) The petitioners are original accused against whom process is issued by the learned J.M.F.C., Jalgaon dtd. 26/12/2016 in Criminal Misc. Application No. 426/2013 for the offences punishable under Sec. 313 r/w Sec. 34 of the Indian Penal Code (for short "I.P.C."). The allegations in the application are that, the complainant-wife was harassed and ill treated at the hands of the petitioners who are husband and in laws. In the said complaint itself she has stated about the earlier complaints that she had filed with the police station on the basis of which the crime was registered bearing Crime No. 29/2012 for the offences punishable under Ss. 498-A, 504 and 506 of the I.P.C. On the basis of the crime, a case was registered. The accused were found guilty of the offences punishable under Ss. 498-A, 504 and 506 of the I.P.C. in R.C.C. No. 304/2012 by the learned J.M.F.C., Jalgaon against which it is reported that an appeal is pending. In the said case, on the same set of facts and allegations, the present petitioners are tried.

(3.) On going through the allegations in the earlier complaint in which the petitioners are already convicted, it is seen that the main allegations and the instances were interalia that these petitioners made wife/informant to terminate the pregnancy. Looking to the present complaint again on the basis of the same facts the application was filed under Sec. 156 (3) of the Code of Criminal Procedure (for short "Cr.P.C.") of the offence punishable under Sec. 313 of the I.P.C. alongwith Ss. 323, 504, 506 r/w Sec. 34 of the I.P.C. The application under Sec. 156 (3) of the Cr.P.C. was filed on 3/9/2013. The learned Magistrate on recording the verification was pleased to direct the complainant to examine her witnesses under Sec. 202 sub Sec. (2) of the Cr.P.C. by order dtd. 4/12/2015. After holding enquiry under Sec. 202 of the Cr.P.C., the learned Magistrate issued process for the offence punishable under Sec. 313 r/w Sec. 34 of the I.P.C. against the present petitioners by order dtd. 26/12/2016.