HIRA LAL BHAT Vs. MEENA BHAT

JUDGEMENT

(1.) Petitioner has invoked the jurisdiction of this Court under Sec. 561-A of the Code of Criminal Procedure (hereinafter, for short, Cr.P.C.) for quashing the complaint filed by respondent-Meena Bhat before the learned Judicial Magistrate 1st Class, Udhampur and the orders dated 12.02.2011, 03.03.2011 and 11.11.2011 passed by the learned Chief Judicial Magistrate, Jammu. He is also seeking setting aside of order dated 16.12.2013 passed by the learned Sessions Judge, Jammu, whereby charge Sec. 494 RPC has been framed against him.

(2.) The facts as revealed from the file are that respondent-Meena Bhat filed a complaint against the petitioner herein and one Rekha Devi under Sec. 156(3) and Sec. 190 Crimial P.C. in the Court of learned Chief Judicial Magistrate, Udhampur, which later on came to be transferred to the Court of learned CJM, Jammu. Thereafter, on the application filed, by respondent-Meena Bhat, the learned CJM, Jammu vide order dated 12.02.2011 permitted her to file the supplementary complaint. Thereafter, the learned CJM vide order dated 03.03.2011 observed that prima facie offences under Sections 194/109 RPC had been disclosed against the petitioner and one Rekha Devi. The learned CJM, Jammu thereafter vide order dated 11.11.2011 committed the case to the Court of learned Principal Sessions Judge, Jammu on the ground that the offences under Sec. 494/109 RPC are triable by the Court of Sessions. However, the learned Sessions Judge vide order 12.04.2012 framed the charge against the petitioner under Sec. 494 RPC.

(3.) Aggrieved of the same, the petitioner questioned the complaint filed by respondent-Meena Bhat and also challenged orders dated 12.02.2011, 03.03.2011 and 11.11.2011 passed by the learned CJM, Jammu as well as order dated 12.04.2012 passed by the learned Sessions Judge, Jammu before this Court in a petition filed under Sec. 561-A Crimial P.C. bearing No. 145/2012. This Court vide judgment dated 12.07.2013 upheld the orders dated 12.02.2011, 03.03.2011 and 11.11.2011 passed by the learned Chief Judicial Magistrate, Jammu. However, order dated 12.04.2012 passed by the learned Sessions Judge, Jammu came to be quashed by this Court on the ground that the learned Session Judge without hearing the parties on the issues had framed the charge against the petitioner under Sec. 494 RPC, with a direction to the learned Sessions Judge to hear the parties afresh before framing the charge on all the issues raised. Thereafter, the learned Scissions Judge after hearing the counsel for the parties vide order dated 16.12.2013, impugned herein, has again framed the charge against the petitioner under Sec. 494 RPC. Hence, the present petition.