( 1 ) THIS Criminal Revision is brought under Section 397/401 of Criminal Procedure Code and is directed against order dated January 23, 1988 of Shri K. S. Pal, Metropolitan Magistrate, New Delhi by which he had directed stay of proceedings in a criminal complaint filed by the petitioner under Section 500 Indian Penal Code against the respondent till disposal of the petition brought under Section 25 and 27 of the Special Marriage Act by the respondent against the petitioner.

( 2 ) THE criminal complaint was filed by the petitioner who is wife of the respondent under Section 500 Indian Penal Code on the allegation that respondent has made grossly defamatory false allegations against the petitioner in the petition filed by respondent seeking divorce from the petitioner on the ground of adultery and such allegations have effected thel reputation of the petitioner in the eyes of the people and has lowered the petitioner in the esteems of the members of the society in which the petitioner is accustomed to move.

( 3 ) IT appears that after recording preliminary evidence the Magistrate bad issued summons to the respondent and the said order of the Magistrate was challenged