MALIKA BEGUM Vs. MOHAMMAD ABDUL KHADEER

JUDGEMENT

(1.) This Criminal Revision Case is filed against an order of the learned Principal Assistant Sessions Judge, Guntur dt. 18-7-1984 in Crl.M.P. No. 72 of 1984 in C.C. No. 1 of 1984 dismissing the petition filed by the petitioner herein under Ss. 34 and 225 Criminal Procedure Code praying the Court "to disallow the appearance of the private counsel to represent the complainant-respondent in C.C. No. 1 of 1984." Prosecution has been launched against the 1st respondent herein and another accused for an offence under Section 366 India Penal Code stating that they have kidnapped the 1st petitioner Smt. Mallika Begum from Guntur to Nellore and there she was forced to go through the alleged marriage with the 1st respondent Sri Md. Abdul Khader. The parents of the first petitioner brought her back to Guntur and subsequently she was married to Sri Syed Saleemuddin Kirmani, the second petitioner herein, at Vijayawada. Thereupon, on 19-6-1982 the 1st respondent herein filed a private complaint under Section 198 Cr.P.C. against the petitioners herein alleging that they have committed offences punishable under S. 494 and 495 I.P.C. The private complaint was taken on file by the learned IV Addl. Judicial First Class Magistrate, Vijayawada in C.C. No. 132 of 1982. While so, the petitioners herein filed Crl.M.P. No. 2247 of 1983 on the file of this Court under S. 407 Cr.P.C. for transfer of C.C. No. 132 of 1982 pending on the file of the Court of the IV Addl. Judicial First Class Magistrate, Vijayawada to the file of Principal Assistant Sessions Judges Court. Guntur for being tried along with S.C. Nos. 91 and 92 of 1983 pending on its file. This Court passed on order on 19-2-1984 allowing the said petition. In the order it is stated by this Court as follows :

(2.) After the order of transfer, C.C. No. 132 of 1982 was renumbered as C.C. No. 1 of 1984 on the file of the Court of the Principal Assistant Sessions Judge, Guntur. The petitioners herein filed Crl.I.P. No. 72 of 1984 in C.C. No. 1 of 1984 under Ss. 34 & 225 Cr.P.C. seeking a direction not to allow the appearance of a private counsel to represent the 1st respondent herein who is the complainant in C.C. No. 1 of 1984 and conduct the trial. As the said petition has been dismissed by the learned Assistant Sessions Judge, the present Criminal Revision case is filed questioning the validity of the said order.

(3.) S.C. Nos. 91 and 92 of 1983, pending on the file of the Court of the Principle Assistant Sessions Judge, Guntur relate to an offence of kidnapping the 1st petitioner, alleged to have been committed by the 1st respondent herein and another accused under S. 366 I.P.C. It is alleged that she was kidnapped on the intervening night of 27/28th of February 1982 from Guntur and was taken to Nellore when her parents were not present in the house. It is stated that the first petitioner was forced to marry the first respondent herein. The father of the first petitioner traced her and brought her home. On 24-5-1982 he celebrated her marriage with the second petitioner herein. The father gave a report to the Police on 5-6-1982 alleging that the first respondent and another kidnapped his daughter, the first petitioner herein, on the basis of which Crime No. 545 of 1982 of Kothapet Police Station, Guntur was registered.