PREM SAGAR Vs. SHANKAR DASS

JUDGEMENT

(1.) Special leave granted. Arguments heard.

(2.) We are satisfied that the High court ought not to have dismissed the revision in limine. We are inclined to the view that the provision contained in S. 195 (1) (b) (ii) of the Code of Criminal Procedure, 1973 prima facie appears to be a complete bar to the entertainment of the complaint. The High court should have therefore dealt with the question as to the maintainability or otherwise of the complaint.

(3.) Accordingly, we allow the appeal, set aside the judgment of the High court and remit the revision to the High court for hearing afresh on merits after notice to the parties.