NARESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. Heard learned counsel for the Applicants and learned A.P.P. for Respondent No.1, finally. Respondent No.2 though served, remained absent.

(2.) Learned counsel for Applicants has submitted that offence was registered at Nehrunagar Police Station, Mumbai bearing Crime No.204 of 2013 under Sections 494, 498A, 420, 504, 506 read with 34 of the Indian Penal Code, and for the same offence Respondent No.2 filed private complaint (M.A. No.9 of 2014) R.C.C. No.19 of 2014 before the Court of Judicial Magistrate First Class, Paranda for offence punishable under Section 494 read with 34 of I.P.C. against Applicants. Learned Counsel for Applicants submitted that F.I.R. filed by Respondent No.2 at Nehrunagar Police Station, Mumbai and private complaint filed at Paranda, are having similar allegations. It is argued that when F.I.R. was registered, such complaint could not have been filed. Counsel further submitted that the copy of Complaint at Exhibit E shows that the Magistrate merely recorded verification of the complainant Respondent No.2 and has, on 18th January 2014, issued process against all the accused persons. The counsel referred to the addresses of the accused persons, which are all of beyond the jurisdiction of Paranda Court. According to learned counsel, under Section 202 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), when the accused persons were residing beyond the jurisdiction of the area in which the Magistrate was exercising the jurisdiction, it was necessary for the Magistrate to postpone the issue of process and either enquire into the case himself or to direct investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding. Learned counsel for the Applicants, in support of his submissions, placed reliance on the case of National Bank of Oman vs. Barakara Abdul Aziz and another, 2013 2 SCC 488.

(3.) Learned A.P.P. for Respondent No.1 submitted that as per Section 210 of Code of Cr.P.C., filing of complaint is not barred only because F.I.R. has been filed.