P P KOYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petitioner an accused in a case instituted on a complaint relating to an offence punishable under Section 380 of the Indian Penal Code, has now moved this Court for quashing of the same, on the sole ground that earlier a complaint containing the same set of allegations was dismissed by the Court below.

(2.) Heard the learned advocate appearing on behalf of the parties. Considered the materials on record.

(3.) Having regards to the averment made in the impugned complaint it is an admitted position earlier a complaint case based on same set of allegations, as that of the impugned complaint instituted at the behest of the opposite party against the petitioners was dismissed as no step was taken by the complainant. The said order of dismissal being Annexure P-2 to this criminal revision is read as follows; Order No. Date : 13.02.09/ Today is fixed for evidence. The complt. taken no step. All the four accused persons are preset by filing attendance. On repeated calls none moves the case for the complainant. Hd. The defence. The Complt. is also found absent on call. The complt. is least interested to proceed with this case against the accused persons. It is now 11.40 a.m. Hence, it is Ordered that all the (4) accused persons are discharged u/s. 245 (2) Cr.P.C. They are also discharged from their respective bail bonds. Sd/- S.K. Meyur Judicial Magistrate, 1st Court, Jangipur, Msd.