- (1.) RULE taken up for hearing with the consent of the parties.
(2.) HEARD Mr. Darasingh, learned counsel, for the applicant/accused, Smt. Deshpande, learned counsel, for respondent no.1 and Mr. Thakre, learned A. P. P. , for respondent no.2. This application is filed under Section482 of the Code of Criminal Procedure for quashing the proceedings in criminal case No. 140 of 1996, pending on the file of learned J. M. F. C. , 5th Court, Amravati, for the offences punishable under Sections 448, 294 and 506-II of Indian Penal Code. The applicant/accused is the wife of a Deputy Conservator of Forests and she along with her husband had come to live at Amravati as her husband was transferred from Dehradun. The respondent no.1's husband is running a furniture shop by name Vaibhav Furniture Mart at Amravati. It is alleged by the Respondent no.1, complainant that on11.10.1996 the applicant/accused along with some persons had come to her house in one Maruti Car at about5 to 6 p. m. and abused her in filthy language and also threatened her to kill. Therefore, she lodged a report at the police station Ferozpura, Amravati and the entry was recorded vide Sana No. 55 but no investigation was carried out into the said complaint. Therefore, the complainant had instituted a private criminal complaint against the applicant for the offence punishable under Sections 294, 448 and 506-II of Indian Penal Code on22.10.1996. The learned J. M. F. C. issued process against the applicant/accused on23.10.1996 and the criminal case is pending in the trial Court.
(3.) THE applicant/accused had filed an application (Ex.10) seeking discharge under Section245 (2) of the Code of Criminal Procedure which came to be rejected on20.2.1997. Being aggrieved by this order, Criminal Revision No. 1 of 1997 was filed before the Sessions Judge and the same was withdrawn on23.6.1997. Mr. Darasingh, learned counsel for the applicant, contended that on6.8.1996 the Officers working under the applicant's husband had effected raid at Vaibhav furniture mart and found timber teak wood admeasuring 10. 68 qubic meter approximately valued in lakhs of rupees. On that day the said teak wood was placed under the Supratnama of Prakash Sonone, the husband of non-applicant no.1. Subsequently, a case was registered on22.8.1996 under Sections 26 and 41 of the Indian Forest Act against Prakash Sonone. It is contended that various criminal cases have been registered against the husband of the non-applicant no.1/complainant. One case registered is bearing Crime No. 277 of 1996 under Sections 448, 294 and 506-B of Indian Penal Code. Another case bearing Crime No. 291 of 1996 was also registered against the husband of non-applicant no.1 and his brother Ganesh Sonone under Sections 353, 332, 452 and 506 read with Section34 of Indian Penal Code. Another case bearing Criminal Case No. 845 of 1996 under Sections 448, 294 and 506 read with Section34 of Indian Penal Code has also been filed against the non-applicant no.1 at the instance of husband of the applicant/accused for the incident which occurred on7.10.1996, on which date the husband of the non-applicant/complainant had come in front of the office of the husband of the applicant and created nuisance and scene.;