K V S SOUNDARAJAN Vs. A G SANTHANAM

JUDGEMENT

(1.) THIS is an application under section 482, Criminal procedure Code, by the accused for quashing the private complaint in C. C. No. 2891 of 1982 on the file of the VI Metropolitan Magistrate, Madras.

(2.) THE facts are briefly these: THE respondent-complainant filed a private complaint against the petitioner herein for the alleged offence under sections 500 and 501 of the Indian Penal Code. THE case was taken on file and summons were issued to the accused, who appeared before the Court on the date of hearing on 29th March, 1982. On that day, both the complainant and his Counsel were absent, whereupon the learned Magistrate discharged the petitioner|accused as also the co-accused under section 249, criminal Procedure Code. It appears that subsequently, the complainant filed a petition on 12th April, 1982, (for restoring the complaint on files and the learned Magistrate restored the same without notice to the petitioner herein. THE complainant had been examined and it is posted for further evidence. THE first accused is aggrieved with the order of restoration and the proceeding of the trial and it is contended on his behalf that the, restoration is illegal and that the petitioner should have been acquitted under section 256, Criminal procedure Code, instead of discharge under section 249, Criminal Procedure code.