ANEES NOORANI Vs. JADAV DAVA GHOLA

JUDGEMENT

(1.) Special leave granted.

(2.) Ill spite of the notice issued by this court stating that the matter will be disposed of at the hearing stage none appears on behalf of the respondents though notice was duly served.

(3.) We have heard learned counsel appearing on behalf of the appellant. The complaint was filed by respondent 1 to the effect that on the date of occurrence, that is, on 24/02/1982, the boat of the complainant went for fishing near Dwarka and at about 5.30 a. m. they laid nets for catching fish. At that time one Tywan Trawler, namely, Jiuh-Bong-I came to that place and the said trawler came near the nets spread by the complainants and they cut about 40 nets worth Rs. 40,000. 00 and also took away fish caught in the said nets worth about Rs. 10,000. 00. It has also been alleged that one Chandrakant, the Tandel of the boat went to the Tywan Trawler and talked with the officers of that trawler when he was given 200 American dollars and his signatures were taken on stamp papers and he was driven out. The trawler left from the territorial waters of India. On the aforesaid allegation the complaint was filed. That complaint was dismissed and the accused persons were discharged under section 249 of the Criminal Procedure Code as on two dates neither the complainant himself nor his lawyer was present in the court. A second complaint on same allegation was filed before the Judicial Magistrate 1st Class, Dwarka. On this complaint process was issued in respect of the Criminal Case No. 1119 of 1984 against the appellant. The appellant then approached the High court of Gujaratunder S. 482 of the Criminal Procedure Code for quashing the second complaint. The High court of Gujarat has observed as under :