JUDGMENT

V.S. SIRPURKAR, J.

1. Leave granted.

2. This judgment will also dispose of the Transfer Petition being T.P. (Crl.) No. 259/2008 filed on behalf of Smt. Rekha Kailash Poddar who is the daughter-in-law of Ram Gopal Poddar, respondent No. 1 herein.

3. The facts are very peculiar. Smt. Rekha Poddar who is the daughter-in-law of the respondent No. 1 herein, is also the sister of the appellant herein. After the marriage allegedly she was harassed by her in-laws for dowry. She, therefore, proceeded to file a complaint for the offences punishable under Sections 498A, 406 of the Indian Penal Code (IPC) read with Section 4 of the Dowry Prohibition Act against Ram Gopal Poddar, respondent No. 1 herein, who is her father-in-law. The respondent No. 1 was arrested for those offences on 15.7.2004 and was released on bail on the next day i.e. 16.7.2004. In pursuance of this complaint, the police officers from Nerul Police Station and also from Rajasthan had gone to the matrimonial home at Mumbai for investigation, with whom the present appellant was also present. The police conducted a raid at the matrimonial house on 14.7.2004 when the appellant herein was also present. They probably wanted to seize the passport of the sister of the appellant.

4. On 17.7.2004, a written complaint came to be filed in Nerul Police Station alleging that the appellant had stolen some gold ornaments during that raid. However, the police did not take the cognizance of that complaint. A criminal complaint, therefore, came to be filed after about six months i.e. on 17.3.2005 in the Court of 1st Class Judicial Magistrate at Vashi for the offence punishable under Section 379 IPC against the appellant alone. The cognizance was taken of this complaint on 2.4.2005 for the offence punishable under Section 379 IPC and process came to be issued

5. The appellant, therefore, challenged the order issuing process by way of a Criminal Revision Application dated 5.7.2006 before the Sessions Judge at Thane. This Criminal Revision Application, however, was withdrawn on 7.5.2007, though the withdrawal application was opposed by the complainant-respondent. According to the appellant, this was done without his knowledge or consent and he had not put his signatures on the withdrawal application. By order dated 7.5.2007, the Sessions Judge permitted withdrawal.

6. The appellant, therefore, moved Bombay High Court by way of a petition under Section 482 of the Criminal Procedure Code (Cr.P.C.), challenging the whole proceedings. He also proceeded to file a complaint against his lawyers in the Bar Council of Maharashtra for misconduct. The High Court, however, dismissed his petition holding that the only remedy left for the appellant was to again go before the Sessions Judge and get the matter restored. It is this judgment of the High Court which is sought to be challenged before us by way of the present appeal.

7. Indisputably, there was a background against the complaint filed involving the present appellant and that was the prosecution by the daughter-in-law of respondent No. 1 herein who was also the sister of the appellant herein. There can be no dispute that in the complaint there were allegations made of the theft of two gold bangles (Patli) weighing about 60 grams. We have also seen the verification statement recorded by Ram Gopal Poddar, respondent No. 1, wherein he has stated that it was the accused (appellant herein) who accompanied ASI Shri Gupta and Hawaldar Jaiprakash Singh from Nerul Police Station. It is admitted that these police officers and the appellant/accused had come to the house of Ram Gopal Poddar, respondent No. 1 in connection with the criminal prosecution instituted by the daughter-in-law of Ram Gopal Poddar, respondent No. 1, who was the sister of the accused/appellant. It is then stated that the accused/appellant forced ASI Shri Gupta to take search of cupboards for seizing the passport of Smt. Rekha Poddar, daughter-in-law of respondent No. 1. The appe