BACHCHA LAL Vs. LALJI

JUDGEMENT

(1.) THIS revision has been filed by Bachcha Lal and arises in the following circumstances.

(2.) IT appears that opposite party-plaintiff filed a suit in the Court of Munsif against Bachcha Lal applicant. During the pendency of the suit he applied for temporary injunction which was granted by the Munsif. Thereafter, opposite party moved an application before the Munsif under Order 39 Rule 2-A of the Civil Procedure Code alleging violation of the injunction and stating in the application inter alia that for the alleged breach opposite party had already lodged a report with the police and Bachcha Lal was already being prosecuted in a criminal court for an offence punishable under Section 188 of the Indian Penal Code. It was prayed on these facts and allegations that action may be taken by the court against Bachcha Lal under Order 39, Rule 2-A of the Civil Procedure Code. Against this application Bachcha Lal filed an objection taking the plea amongst others that the bar of Article 20 (2) of the Constitution of India operated and he could not be prosecuted or punished twice for the same offence. This objection was rejected by the Munsif, Bachcha Lal appealed to the District Judge and the District Judge also rejected the appeal upholding the order of the Munsif.

(3.) I find no force in this revision which is summarily dismissed. Civil Misc. Application No. 620 (M) of 1975 is also dismissed. Revision dismissed.