PRITAM SINGH Vs. STATE

JUDGEMENT

(1.) THIS revision has come up before us on a reference made by our learned brother Seth, J.

(2.) THE facts of the case lie in a narrow compass:--Applicant Pritam Singh and opposite party Raghubir Singh were employed in the railway workshop at Khanalampura in the district of Saharanpur. Applicant is a Sikh and Raghubir Singh belongs to Scheduled Caste. On 25th March, 1966, at about 9 P. M. it is alleged that the applicant while driving a trolley trampled over the foot of the complainant When the complainant protested he was beaten by the applicant with a broken axle causing injuries on his chest and waist. Raghubir Singh lodged a report at police station Khanalampura, got himself medically examined and filed a complaint in the Court of the Judicial Magistrate, Saharanpur against the applicant on 26th of March, 1966, under Sections 323 and 504 I. P. C. The Magistrate examined the complainant under Section 200 Cr. P. C. and after taking some evidence under Section 202 of the Code summoned the applicant for 16th of May, 1966 under Section 323 I. P. C. only. His Reader; however, by inadvertence mentioned the next date for the hearing of the case as 16th April, 1966. in the vernacular order-sheet. Accordingly the case was called on 16th April, 1966, and as the complainant was found absent the complaint was dismissed under Section 247 of the Code of Criminal Procedure. On 16th May, 1966 which was the actual date for the hearing of the case the complainant appeared before the Judicial Magistrate and came to know that his complaint had been dismissed. He thereupon filed a second complaint on the same allegations on 16th May, 1966.

(3.) ON behalf of the applicant it was urged before the Magistrate that as the previous complaint had been dismissed under Section 247 Cr. P. C. the order of dismissal amounted to his acquittal and a fresh complaint on the same facts was barred under Section 403 of the Code,