RAFIQ KHAN Vs. JAMILA BEE

JUDGEMENT

(1.) ACCUSED/APPLICANTS have directed this petition u/S. 482, Cr. P.C. for quashing of the proceedings of the Misc. Criminal Case No. 158/1990 registered against the applicants on the complaint of non-applicant No. 1 for the offences punishable u/Ss. 498-A, 506, 343 and 323, IPC.

(2.) Briefly stated the facts of the case are that respondent No. 1 Smt. Jamila Bee lodged a report against the applicants on 20-3-1989 at P. S. Shajapur with regard to the offences u/S. 498-A, 506 and 323/34, IPC. The said report was sent to police station Sundarsi, district Shajapur as the alleged offences were found to have been committed in the jurisdiction of said Police Station, P. S. Sundarsi, on investigation, filed chargesheet against the applicants in the Court of JMFC, Shahjapur and a criminal Case No. 459/91 was registered against the applicants in the said Court. The charges under Section 498-A and 506, IPC were framed against the applicants and they were acquitted of the charges on completion of the trial vide order dated 3-1-1995 of the Court concerned.

(3.) It is alleged that on the same report and on the same allegations respondent No. 1 also filed a private complaint against the applicants in the Court of JMFC, Shahjapur under Ss. 147, 148, 342, 506, 498-A/149, IPC. The learned Magistrate, on recording statements under S. 200, Cr. P.C. registered a criminal Case against the applicants u/S. 498A, 506, 323 and 342, IPC vide order dated 22-6-90 passed in Criminal Case No. 158/90 (New No. 224/96) and directed issuance of summons against the applicants. On appearance, the applicants have filed application under S. 210 read with Sec. 300, Cr. P.C. and prayed that the applicants cannot be prosecuted again on the same report and the allegations upon which they have been tried and acquitted in a case registered against them on the police report. The learned Magistrate partly allowed the application and held that the prosecution against the applicants can continue for the offence u/Ss. 342 and 323, IPC of which the applicants were not charged or acquitted in a case registered on the police report. A Revision petition filed against the said order of the Magistrate on behalf of the applicants was dismissed by the impugned order of the IInd A.S.J. Shahjapur passed in Criminal Revision No. 6/98. Aggrieved the applicants have filed this petition under S. 482, Cr. P.C. for quashing of the proceedings of the Criminal Case No. 158/1990 (new No. 2246/96) registered against the applicants on the private complaint filed on behalf of the non-applicant under S. 200, Cr. P.C.