- (1.) D. K. TVivedi, J. By means of the present petition, the petitioners pray for quashing of the complaint contained in Annexure No. 3 on the ground that the complainant on the same facts lodged a report as Case Crime No. Nil/46 under Section 3941. P. C. at Police Station Nawabganj, district Gbnda.
(2.) IT is submitted that after investiga tion charge-sheet was submitted under Section 323/506/336i. P. C. and the case was pending before the Magistrate concerned. In the meantime, opposite party No. 2 filed a complaint contained in Annexure No. 3 before the Judicial Magistrate I, Gonda on the same facts under Sections 394, 308, 324/341. P. C. and the case was registered as Case No. 558 of 19-38. The learned Magistrate after receipt of the complaint, without any enquiry directed the S. O. Police Station Nawabganj to register a case under Section 394/308 I. P. C. against the accused persons and investigate it and sub mit report by 18-6-1988. The petitioners have challenged this order on the ground that already a case was registered under Section 3941. P. C. but the police submitted charge-sheet under Section 323, 506 and 3361. P. C. and the same was pending before the Magistrate. If the opposite party No. 2 is of the view that a case under Section 394 and 3081. P. C. is also made out then he will be free to move an application before the Magistrate in the said case for framing of the proper charges and filing of the second complaint in respect of the same incident and thereafter the Magistrate, without any enquiry, having directed the police to register a case under Section 394/3081. P. C. again is in my opinion, not proper. Despite notice having been served on opposite party No. 2, neither he has appeared nor filed any reply. It is not disputed that initially a case has already been registered at the Police Station on the same facts and in respect of the same incident under Section 394 I. RC. The police after investigation has already submitted a charge-sheet under Sections 323,506,336i. P. C. and the same is pending before the Magistrate concerned. If any party was dissatisfied with the said charge-sheet then they can move an application before the Magistrate in the said case with the prayer that the police has not submitted proper report under proper sections. The complainant instead of moving application before ,the said Court filed a complaint and the Magistrate without any enquiry issued a direction to the S. O. Police Station Nawabganj to register another case under Section 394/308 I. P. C. and again make in vestigation. This procedure, in my opinion, is not permissible under law. As already said above earlier a report has already been lodged under Section 394 I. P. C. and charge-sheet has already been submitted under Sections 323, 506, 336 I. P. C. therefore, it would be proper for the petitioners to move an application in the said case for framing of proper charges instead of getting direction from the Magistrate to lodge a second report under Section394i. P. C.
(3.) IN these circumstances, in my opinion, the complaint filed by complainant Gomti Prasad opposite party No. contained in Annexure No. 3 is nothing else but an abuse of process of law and, therefore, the same is quashed and the petition is accordingly allowed. Petition allowed. .;