ESSAKUTTY HAJI Vs. RAMAN

JUDGEMENT

(1.) The order sought to be revised here is one passed by the Sub Divisional Magistrate, Malappuram, in C. C. 148 of 1973. By that order he refused to take cognizance a second time of certain offences alleged in a private complaint. The offences complained of were those under S.143, 147, 148, 323, 324, 447 and 448 of the Indian Penal Code, which he had already taken cognizance of in C. C. 148 of 1973 on the basis of a police charge. In the private complaint besides the ten accused persons in the police charge three more persons were implicated. The Magistrate by the order, sought to be revised, directed them to be added as additional accused 11 to 13 in C. C. 148 of 1973. It is the correctness of that order that is challenged here in this Revision Petition.

(2.) The order impugned is fully, justified by the decision of this court in Asokan v. Narayanan & others ( 1972 KLT 728 ) where one of us after observing that although there was nothing unconstitutional and illegal in trying a person more than once for the same offence there was a tinge of barbarity in it and that that could be avoided, said: