RAJKUMAR AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure the petitioners seek to quash the proceedings in Criminal Complaint Case No. 515 of 2004 pending before Magistrate, First Class, Karaptee and to set aside of order dated 6th January, 2005 passed by the Judicial Magistrate, First class, Kamptee below Exh. 1.

(2.) In order to appreciate the controversy it would be worthwhile to briefly see the background. It seems that on 1-8-1989 respondent No. 2 had filed Criminal Case No. 163 of 1989 against some persons including petitioner No. 1. In the said complaint case the accused therein including petitioner No. 1 were acquitted after full trial by judgment dated 28-8-1995. Thereafter on 25-8-1998 petitioner No. 1 filed Criminal Complaint Case No. 141 of 1998 against respondent No. 2 alleging offences under sections 193, 211 and 500 of the Indian Penal code on the basis of his acquittal in the earlier complaint case. By order dated 11-1-1999 process under Section 500 of the Indian Penal code was issued against respondent No. 2. Respondent No. 2 appeared and contested that complaint case. Ultimately on 1-1-2003 petitioner No. 1 withdrew the complaint by filing a pursis (Exh. 32). On the basis of the said pursis the complaint was dismissed as withdrawn and respondent No. 2 (accused therein) was discharged. The matter did not rest there. On 2-8-2004 respondent No. 2 filed Criminal Case no. 515 of 2004 against the present petitioner for the offences punishable under sections 193, 211 and 500 read with 34 of the Indian penal Code by alleging that in the earlier complaint petitioner No. 1 gave false evidence and made false charge with intent to injure him. It was also alleged that because of the false allegations respondent No. 2 was defamed. On 16-8-2004 the learned Magistrate verified the complaint by recording the statement of respondent No. 2 (the complainant therein). On the same day the petitioners filed written submission praying for dismissal of the complaint on the ground that complaint under sections 193 and 211 of the Indian Penal Code was barred under Section 195 (1) (b) of the Code of Criminal Procedure and that so far as the complaint relating to the offence under Section 500 of the Indian Penal Code it was barred by limitation. Respondent No. 2 filed reply to the said written statement. After hearing the parties the learned Magistrate called for the report under Section 202 of the criminal Procedure Code by order dated 6-1-2005. The petitioners have challenged the said order and the complaint filed against them.

(3.) I have heard Shri A. S. Chandurkar, Advocate for the petitioners and Shri A. S. Fulzele, APP for respondent No. I/state. Nobody appeared for respondent No. 2 though served.