1.This Criminal Misc.Application is filed by the original accused in Criminal Case No.1099/96 pending on the file of Judicial Magistrate,First Class at Kalol to quash the said Criminal Case.
2.This matter was for admission today,but neither the petitioners nor the petitioners' advocate has turn up even after the calling of the matter for third time. It seems from the record that the petitioners were remaining absent after obtaining ad interim stay of the proceeding. Even on the last date when the petitioners were absent, my learned predecessor was pleased to vacate the ad interim relief granted on 10th July,1996, but even inspite of the same, neither the petitioners nor their advocate are present. The Criminal Case No.1099/96 is registered on account of the private complaint lodged by Bholidas Atmaram Patel on 24-5-1996. If the copy of the complaint which is produced at Annexure 'A' to this petition is read, then it would be quite clear that the said complaint is containing the necessary averments for making out a case for issuing process under Section 504 and 506(2) of IPC, therefore, it cannot be said that the learned Magistrate was not justified in issuing the process. The petitioneers could move the learned Magistrate at the time of framing of charge for seeking an order of discharge, in case, if there is no evidence for framing a charge. But anyway, at this stage, it is not possible to hold that the learned Magistrate has not applied his mind and that there was no justification for issuing process against the petitioners. I do not find any ground for quashing the prosecution at this stage by applying the principle laid down by the Appex Court in the case of State of Haryana and others vs. Bhajanlal and another,1992 (4) Judgment Today,449. I, therefore, summarily dismiss this Criminal Miscellaneous Aoolication.
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