STATE BANK OF INDIA Vs. OM PRAKASH

JUDGEMENT

(1.) By medium of this criminal revision petition, the petitioner has sought discharge from the charge of an offence punishable under Sec. 498-A Penal Code framed in Criminal Case No.24/01 of 2011, tittled as 'State versus Sunita Chaudhary' pending in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Paonta Sahib, District Sirmaur, H.P.

(2.) Learned counsel for respondent No.2 has raised preliminary objection regarding maintainability of this petition on the ground that the petitioner had earlier approached this Court with the same prayer and relief by filing Cr.MMO No.41 of 2011 which was decided against her on 21.06.2011 and this fact has conveniently been concealed by the petitioner and, therefore, the instant petition is not maintainable.

(3.) A perusal of the judgment rendered in Cr.MMO No.41 of 2011 would reveal that an identical prayer was made therein, as is evident from para-1 of the judgment, which reads thus:-