MADAN MALLICK Vs. MAHARANJA GHOSH

JUDGEMENT

(1.) In this rule the petitioners ask for quashing of the proceedings against them in C.R. case No. 294 of 1980 pending in the court of the learned Sub-division Judicial Magistrate Arambagh.

(2.) The facts leading on to the instant Rule are short and simple. Upon a complaint of the opposite party, No. 1 filed before the learned Sub-Divisionsal Judicial Magistrate, Arambaah a case under section 379. Indian Penal Code, being C.R. Case No. 648 of 1979, was started against the present petitioners. In the above case, the petitioners appeared before the learned Magistrate in obedience to processes issued against them but ultimately they were discharged under section 245(2), Criminal Procedure Code, 1974 as the opposite party No. 1 remained absent, on two consecutive dates of hearing. Thereafter, on the same facts, the opposite party No. 1 filed a fresh complaint before the learned Sub-Divisional Judicial Magistrate, giving rise to C.R. Case No. 294 of 1980. Being aggrieved by the institution of the fresh proceeding, the petitioners moved this court in revision and obtained the present Rule.

(3.) The sole question falling for determination in this Rule is whether, after the discharge of the petitioners in C.R. case No. 648 of 1979, a fresh complaint against them on the self same facts could be legally entertained by the learned Magistrate.