B D SETHI Vs. V P DEWAN

JUDGEMENT

(1.) The short question to be decided in this case is has the Magistrate Jurisdiction to revive the complaint which has been dismissed for default of appearance of the complainant and re-summon the accused who has been discharged under section 259 of the Code of Criminal Procedure ?

(2.) V. P. Dewan complainant had filed a complaint under section 500, Indian Penal Code, against Banarsi Dass Sethi and Raj Kumar Sethi and the Magistrate issued process against the acoussed. On February 13, 1967, which was one of the dates of hearing before the Magistrate, the complainant was about with the result that the Magistrate dismissed the complaint and discharged the accused under section 259 of the Code of Criminal Procedure and passed the following short order :-

(3.) When this matter came up before one of us it was found that there was a conflict of opinion on this question between various High Courts and it was desirable that pronouncement by a larger Bench of this question. It is in these circumstances that the matter has come up before us.