NIADAR AND OTHERS Vs. STATE AND ANOTHER

JUDGEMENT

(1.) THIS is an application in revision against an order passed by a Special Magistrate in district Muzaffarnagar on 4 -6 -1966.

(2.) A complaint case was pending against the Applicants in the court of Sri P.S. Agarwal, Special Magistrate, Muzaffarnagar, Under Sections 323 and 448 of the IPC. 28 -5 -1966, was fixed for evidence but on that date an application was moved on behalf of the complainant that he was in jail and was not able to do pairvi in his case. He further mentioned in the application that the case is a summons case which, if dismissed once, may not be reinstituted afresh. He, therefore, desired that the record may be consigned to record room and that he would proceed with the case on being released from jail. The prayer was obviously made Under Section 249 of the Code of Criminal Procedure, but that provision is not applicable to a complaint case. Unmindful of the provisions of the law the Magistrate passed the following order:

(3.) IT is this order by which the Applicants feel aggrieved. They moved an application in revision before the Additional District Magistrate (J) who having considered the entire position came to the conclusion that the order which was passed by Sri Agarwal on 28 -5 -1966, could only be treated as an order adjourning the case and that he had jurisdiction to proceed with the case on the complainant informing him that he was in a position to proceed with his complaint now.