DHARMENDRA GAUR Vs. MUKESH SHIVHARE

JUDGEMENT

(1.) Respondent No. 1 /complainant is representing through his counsel Shri B.P.S. Chauhan, Advocate and copies of challan has been filed, therefore, case is heard finally.

(2.) Petitioner has filed this petition under section 482 of Cr.P.C. against the order dated 11.10.2012 passed by First Additional Sessions Judge, Jaura, M.P. in Criminal Revision No. 211/12 confirming the order dated 1.8.2012 taking congnizance for the offence punishable under sections 302 and 201 read with section 34 of IPC against the petitioner in Criminal Case No. 500/12 on private complaint filed by respondent No. 1 Mukesh Shivhare.

(3.) Learned counsel for the respondent/State has submitted that since challan has not been filed for the offence punishable under sections 302 and 201/34 of IPC, private complaint has been filed by respondent No. 1 Mukesh Shivhare but this fact has been suppressed in the complaint that application under section 216 of Cr.P.C. is pending before the trial Court for framing same charges for which private complaint has been filed by Mukesh Shivhare who has filed application under section 216 of Cr.P.C. before the learned Additional Sessions Judge. Such act of filing two different applications before two different Courts for similar relief is clearly misuse of process of law.