- (1.) This criminal miscellaneous petition has been filed by the petitioner for quashing of the order dated 05.04.2012 passed by the learned Additional Civil Judge (J.D.) and Metropolitan Magistrate No.15, Jaipur Metropolitan.
(2.) The instant case was initiated on a First Information Report (49/2011) lodged at Police Station Mahila Thana, Jaipur City (East) on 18.03.2011 for the offences under Section 498-A and 406 IPC. Basically, the report is a result of matrimonial dispute between the parties which had solemnised the marriage on 03.07.2009. After lodging of the report and during investigation, the petitioner apprehended his arrest and therefore, he moved an application for anticipatory bail. The petitioner first filed an application before the learned Sessions Judge but without any success as the same was dismissed on 08.04.2011. But thereafter, on a challenge having been made to the said order in an application (4181/2011) before the High Court, he was granted anticipatory bail on 09.05.2011.
(3.) Subsequently, the respondent herein moved an application for cancellation of bail (4635/2011) and the same came to be decided on 02.04.2012, whereby it was allowed and the anticipatory bail granted earlier to the accused petitioner was cancelled. In the meanwhile, on conclusion of investigation, the police had filed challan against the accused petitioner on 22.12.2011 and he was granted a regular bail under Section 437 Cr.P.C. by the learned Magistrate on the same day i.e. 22.12.2011 (Annexure-4).;