MANORAMA Vs. STATE OF M P

JUDGEMENT

(1.) IN applicant/complainant's Private Complaint Case bearing Criminal Case No. 212 of 2006 the learned Judicial Magistrate First Class. Sendhwa, District Badwani vide impugned order dated 17. 09. 2007 has ordered posponement of further proceedings till the disposal of Writ Petition No. 2169 of 2006 which pends in this Bench of the High Court, hence this application by the complainant/applicant under Section 482 of the Code of Criminal Procedure praying that the above order be quashed.

(2.) IN election to the reserved category of Samiti, Sendhwa the applicant lost to the Respondent No. 2. She filed private complaint against the Respondent No. 2 in the Court of Judicial Magistrate First Class, Sendhwa for proceeding under Section 420 of the Indian Penal Code on the premise that she deceitfully showed her as obc by birth whereas she was born in Agarwal family and was only married to an OBC Dipak Malviya. The applicant also seems to have filed an election petition touching the same matter. The learned Trial Magistrate taking cognizance of the complaint for offence of Section 420 of the Indian Penal Code issued process to the Respondent No. 2. On her entering appearance therein the learned Trial magistrate proceeded up to the stage of consideration of framing of charge. By that time the election petition mentioned above had been dismissed and against it the above writ petition had been brought and admitted by this Bench for hearing parties. The learned Trial Magistrate formed an opinion that in the said writ petition also the question of social status of the Respondent No. 2 was involved, therefore, it was expedient in the interest of justice to pospone further proceedings in the complaint case till the decision of the writ petition, thus he passed the impugned order, feeling aggrieved thereby the present application has been brought by the complainant/applicant.

(3.) HAVING heard arguments, I have gone through the record of the case. have reached the conclusion that the impugned order cannot survive. My reasons for the same are as below.