Leave granted.
Appellants are before us aggrieved by and dissatisfied with the judgment
and order dated 8.8.2007 passed by the Jabalpur Bench of the Madhya Pradesh High
Court whereby and whereunder the application filed by the appellants herein for
quashing the First Information Report dated 30.7.2005 lodged by respondent No.2 at
Mahila Police Station, Gwalior, has been dismissed, except in respect of one Dr.
Yogesh.
Appellants contend that in relation to an almost identical matter, a First
Information Report was logged at Nagpur on 19.3.2005. The trial is pending in
connection therewith before the VIII Additional Chief Judicial Magistrate, Nagpur in
Crime Case No. 175/2006. However, another case was filed by the said respondent
before the Gwalior Police Station FIR No. 94/05. It appears some other proceedings
are also pending between the parties.
The impugned order has been passed by the High Court on the premise that
the charges involved in the Gwalior matter are different from the one which is
pending at Nagpur.
Mr. M.N. Rao, learned senior counsel appearing on behalf of the appellants
would submit that the High Court has committed a serious error in so far as it failed
to take into consideration that even in relation to the incident purported to have taken
place at Gwalior, the second respondent made an additional statement in Nagpur case
also on 15.11.2005.
Learned counsel for the State as also the learned counsel appearing on behalf
of respondent No.2, however, contended that the cases pending before the Nagpur
Court and the Gwalior Court are different.
We are not concerned with the correctness or otherwise of the
contents/allegations of the First Information Report bearing No.94/2005 or the
additional complaint connected therewith lodged on 15.11.1005 as also the purported
second FIR being No. 29/2005 made with the Women Cell at Gwalior. Whereas FIR
bearing No. 94/2005 was lodged in respect of an offence under Sections 498-A and 506
read with Section 34 of the IPC, it appears that an additional statement was made
purporting to disclose an offence under Sections 498-A and 323 read with Section 34
of IPC. The First Information Report related to the offence under Sections 498, 506
read with Section 334 of the IPC.
As the matter arising out of the First Information Report dated 19.3.2005 as
also an additional complaint dated 15.11.2005 is already pending trial in the Court of
VIII Additional Chief Judicial Magistrate, Nagpur, we are of the opinion that interest
of justice would be subserved if the aforementioned case arising out of FIR
No.94/2005 is transferred to Nagpur, so that both the matters could be consolidated
and heard together. It is directed accordingly.
It goes without saying that if any additional charge-sheet is filed under any
other provision of the Code, the same shall also be taken into consideration by the
Trial Court. The Investigating Agency is directed to submit the charge-sheet in FIR
No. 94/2005 as expeditiously as possible, preferably within a period of 30 days from
the date of communication of this order.
The appeal is allowed with the aforementioned observation and direction.
(S.B. SINHA)