SUCHANA ROY Vs. PARESH KR. RAY

JUDGEMENT

(1.) THIS Rule was obtained in respect of an order dated 14th July, 1976 passed by the Sub -divisional Judicial Magistrate, Kama rejecting an application of the petitioners for their discharge from the pro - secution in Case No, CR. 110 of 1976 and the proceeding thereon. It appears that on 28th December, 1974 a criminal case being C R. Case No. 405 of' 1974 was started in the court of the Sub -divisional Judicial Magistrate, Kalna, against the accused petitioners on the complaint of the opposite party No. 1, Paresh Kumar Roy, Under Sections 323, 504 and 445 of the I. P. C. On 9th March, 1976 the complainant was absent and the learned Magistrate passed an Order acquitting the accused persons Under Section 256 of the Cr. P. C No step was taken to set aside that order of acquittal. On 29th March, 1976 the complainant filed a fresh petition of complaint stating the same facts which he had stated in the previous complaint. It was a verbatim copy of the earlier complaint without even the necessary correction to bring it upto date, The accused petitioners were summoned Under Sections 323 and 504 I. P. C and they made an application for dismissal of the case in view of the previous order of acquittal. The said application was rejected on 14th July, 1976 occasioning the present Rule.

(2.) MR , Mihir Roy, learned advocate appearing in support of the Rule, contended that Section 300 of the new Cr. P, C. was a complete bar to a fresh trial. Sub -sections (1) and (5) of S: 300 run as follows. 300. Person once convicted or acquitted not to be tried for same offence - -