Mr. Vijender Singh Malik, J.: - Crl. Misc. No.10611 of 2009

In view of the explanation given in the application, delay of 105 days in filing the appeal is condoned.

Miscellaneous application is disposed of accordingly.

Crl. Appeal No. 530-SB of 2009

1. Sanjay Gupta, the appellant has brought this appeal challenging the decision of learned Additional District Judge, Rewari dated 16.09.2008 (Annexure P-1) vide which application filed by the appellant under section 340 Cr.P.C. for initiating prosecution against Smt. Laxmi Gupta and her counsel Mr. Raj Pal Chaudhary, Advocate has been dismissed.

2. Sanjay Gupta, the appellant was married with Smt. Laxmi Gupta in the year 1995. On account of some matrimonial problems, Sanjay Gupta, the appellant filed a petition for a decree of divorce which was decreed ex-parte against Laxmi Gupta on 10.05.1999. Thereafter, Laxmi Gupta filed petitions under sections 25 and 27 of the Hindu Marriage Act 1955 and section 18 of the Hindu Adoptions and Maintenance Act, 1956. By making statements on 29.05.2004 Laxmi Gupta got the petition dismissed as withdrawn.

3. Application under section 340 Cr.P.C. was then made by the appellant claiming that of