VISHNU NAMDEO HADE Vs. RAKHEE GULZAR

JUDGEMENT

(1.) P .C. This application under section 482 Cr.P.C. is filed by the original accused of Case No. 27/S/98 of the Court of Metropolitan Magistrate, 7th Court Bhoiwada, Dadar. On receipt of the complaint and on recording the verification, the learned Magistrate has issued process under Section 509 I.P.C. According to the complainant, Respondent No.1 the offence was allegedly committed by the petitioner. The said order of the learned Magistrate is of 5.5.1998. The complaint itself is lodged and verified on 5.5.1998. This can be seen from page 51(b) of the petition.

(2.) SEEKING the order of quashing the complaint under Section 482 Cr.P.C., the petitioner has urged that firstly the complaint cannot be permitted to stand as it is squarely covered by category No.5 envisaged in the case of State of Haryana versus Ch. Bhajan Lal and others reported in AIR 1992 SUPREME COURT 604. The relevant portion being in paragraph 108 at page 629. The said category No.5 reads as under :

(3.) SO far as the allegation of malafide are concerned, the fact that passport was revoked and that an appeal has been filed in the month of January, 1998 is relied upon. This fact of appeal is further relied for the aforesaid purpose with reference to the appeal which was filed on 6.1.1998. The complaint as noted above has been filed on 5.5.1998.