SHRI RAM GHEI Vs. RAM KISHAN DAS

JUDGEMENT

(1.) A complaint by Shri Ram Kishan Das was filed against four persons for an offence under Section 420, I.P.C., on 23.5.1849. Of the four accused one was the managing director of Aspee (India) Ltd. & the others were said to be its directors. This complaint was eventually dismissed on 23-5-1950 on account of the absence of the complainant & his counsel on the date of hearing.

(2.) A second complaint on the same allegations was then filed on 8-7-1950. This complaint was filed before a Magistrate other than the one who had dismissed the earlier complaint & so was referred to the District Magistrate who sent it to Shri Nahar Singh who had dismissed the complaint. The three directors accused went up in revision against this order of the District Magistrate to the Ses. J. & against his dismissing the revision came to this Court. This Court also rejected the revision on 21-11-1950. The grounds taken in the revision were that the Courts at Aligarh had no jurisdiction over the case & that the complaint did not disclose the commission of any offence. It was also alleged that a second complaint amounted to an abuse of the process of Court. This Court was requested to exercise its powers under Section 561A, Cr. P. C. & Article 227 of the Constitution.

(3.) On 27-11-1950 the present application under Articles 226, 227 & 228 of the Constitution was filed & it was prayed that the complaint & the proceedings based thereon, be quashed.