RAVI JHUNJHUNWALA Vs. PAWAN KUMAR MISHTA

JUDGEMENT

(1.) Both the aforesaid revision applications were heard together and are being disposed of by this common judgment since the cause of action, for filing the revision applications under Section 482 of the Code of Criminal Procedure (Briefly CrPC), so as to quash the criminal proceedings against the petitioners, stems out of the same incident and common facts. At the same time, two accused persons before this Court are seeking quashing of the FIR No. 50 (3) of 2007 at Lumdingjiri Police Station and Criminal Complaint Case No 824 (S) of 2007, now pending in the court of Judicial Magistrate, Shillong, on the same grounds.

(2.) I have heard Mrs. PDB Baruah, learned counsel appearing for the petitioners. Shri MF Qureshi, learned counsel, represented the complainant/respondent. When the case was last heard on 14.05.2008 it was thought it proper to ascertain the view of the State. Accordingly State of Meghalaya was also impleaded as respondent No. 2. Today, Shri ND Chullai, learned PP appeared for the State along with the) case diary of the Lumdiengjri Police Station Case No. 50(3) 2007 under Sections 420/468/506/509/34 IPC. After listening to the lengthy arguments of both the sides and on perusal of the FIR, complaint petition, case diary, statements, made in the "revision applications and the documents filed therein, it appears to me that the facts of the case indicate that the petitioner Shri Ravi Jhunjhunwala, rather, should have been on the offensive side. However, very strangely, the said petitioner/ accused is on the receiving end and facing the criminal prosecution. This view of mine can be vouched from the facts of the case, which are briefly summarized below.

(3.) It is the case of the complainant/ respondent that in the month of March, 2007 the accused No.1, i.e, Shri Ravi Jhunjhunwala telephoned him that he had married his daughter and if he arranges the marriage of his daughter with any other person, it will invite serious consequences. The respondent has also alleged in the complaint petition that on being informed, the police summoned the aforesaid accused and after warning him no formal case was registered. According to the respondent, however, the accused continued to give threatening over telephone and as such, a formal written FIR was lodged on 28.04.2007, whereupon Lumdiengjri PS Case No. 50(3) 2007 under Sections 207/ 420/468/506/509/34, IPC was registered. It has also been alleged in the complaint that the aforesaid accused persons have fabricated a false marriage certificate in conspiracy. The Marriage Officer of the Asansol, West Bengal has also been impleaded as accused No. 3 with an allegation that he is involved in issuing fake marriage certificates. On the basis of these allegations the Judicial Magistrate recorded the statement of the complainant u/S. 200 CrPC and after taking cognizance of the complaint issued process against the accused persons vide order dated 16.07.2007. Being aggrieved with the order, taking cognizance of the complaint accused Nos. 1 and 3 have filed the revision applications seeking quashing of the police case as well as the complaint on various grounds.