S S KHANNA Vs. CHIEF SECRETARY PATNA

JUDGEMENT

(1.) The question for consideration in this case is whether a person against whom a complaint is filed along with some other person and who after an enquiry under Section 202 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) (hereinafter referred to as the Code) is not proceeded against by the court can be summoned at a later stage under Section 3 19 of the Code to stand trial for the very same or connected offence or offences along with the other person against whom process had been issued earlier by the court.

(2.) This is an appeal by special leave against the judgment and order dated, May 2, 1979 of the High Court of Patna in Criminal Misc. No. 405 of 1979.

(3.) A complaint was preferred by the second respondent herein before the Chief Judicial Magistrate, Ranchi, to take action against the appellant and one Banktesh Prasad alleging that Banktesh Prasad had committed certain acts which amounted to offences punishable under Sections 323 and 504 I.P.C. and that the appellant had abetted the offence under Section 323 and had also committed an offence punishable under Section 506 I.P.C. Banktesh Prasad was the Security Officer of the National Institute of Foundry and Forge Technology, Ranchi. The appellant was its Director. The complainant was the General Secretary of the association of the employees of the Institute. The alleged incident is stated to have taken place as a consequence of a certain labour dispute. After recording the statement of the complainant on solemn affirmation and the evidence of six witnesses, the Chief Judicial Magistrate felt that there was no prima facie case made out for proceeding against the appellant and accordingly he declined to issue process against him. He, however, took cognizance of the case against Banktesh Prasad and issued process against him for his appearance on September 15, 1976. The case was transferred to the file of the Judicial Magistrate, Ist Class Ranchi for disposal. The complainant filed a revision petition before the Judicial Commissioner Ranchi, against the order of the Chief Judicial Magistrate dropping the proceedings against the appellant. That petition was dismissed by the Judicial Commissioner on November 24, 1976.