IVON LAWRENCE MENDOSA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition filed under section 482 of the Criminal Procedure Code, an order issuing process in a private complaint passed by the Metropolitan Magistrate,10th Court, Andheri, Bombay is sought to be quashed.

(2.) I have heard Mrs.Deshpande for the petitioner and in nut shell the submission is to the effect that the present respondent No.1 has already filed 3/4 complaints against the petitioners and filing of the present complaint is of the same type and intention behind it is nothing but to harass the petitioners and as such it is an abuse of process of the Court which the respondent No.1 has adopted. Hence, it is submitted that this is a fit case quash the process.

(3.) AS held by the Supreme Court in K.M.Mathew Vs. State of Kerala 1992 Cri.L.J. 3779, it would be open to the petitioner to appear before the Metropolitan Magistrate and place all these facts before him and claim discharge. Accordingly, this application is disposed of.