P K HAMEED Vs. CHANDA PILLAI KURIEN

JUDGEMENT

(1.) THIS is an application under S. 561a Crl. P. C. praying that C. C. No. 208 of 1973 on the file of the Additional First Class magistrate's Court, Pathanamthitta be quashed or in the alternative to transfer the case to the First Class Magistrate's Court, Trivandrum .

(2.) THE Petitioner is a textile merchant in Pachalloor, Trivandrum . A criminal complaint was filed against him by the first respondent as C. C. No. 248 of 1971, before the Additional First Class Magistrate's Court, Trivandrum on 8111971. THE complaint alleged that the petitioner committed an offence under S. 420 I. P. C. After filing the complaint, the first respondent did not appear in Court and therefore the case ended in the discharge of the accused on 27121971. THE first respondent thereafter filed another complaint as C. C. No. 409 of 1972 before the additional First Class Magistrate's Court, Pathanamthitta, adding one more accused therein and with the necessary allegations to bring the case within the jurisdiction of the Court. This second complaint did not make mention of the earlier complaint, C. C. No. 248 of 1971. Here also, the complainant did not present himself before Court, and therefore, the Court discharged the accused, under S. 259 Cr. P. C. on 15 61973. THEreafter, it was, that the third complaint was filed against the petitioner by the first respondent as C. C. No. 208 of 1973. THE present complaint was filed on 22 61973. This petition is to quash all proceedings in C. C. No. 208 of 1973 before the Additional First Class Magistrate's Court, Pathanamthitta.