ASHUTOSH NAG ALIAS A NAG Vs. STATE

JUDGEMENT

(1.) ON January 17, 1973 the opposite party No. 2 who is a resident of Dimapur in Nagaland filed a petition of complaint against the petitioner in the court of the Sub-divisional Judicial Magistrate, Alipore alleging, inter alia, that the petitioner had committed criminal breach of trust in respect of two cinematographic films entitled "ao BAPTIST CENTINIAL celebration AT IMPUR" and DR. BILLY GRAHAM's KOHIMA crusade" a copy of the petition of complaint has been annexed to the petition and marked with the letter "a". The learned Magistrate after examining the opposite party No. 2 took cognizance and directed an enquiry to be made by the officer-in-charge of Jodhpur police station. Subsequently by an order dated July 9, 1973 the learned Magistrate directed a judicial enquiry to be made by another magistrate. The said enquiry in the said case which has been registered as case No. C 101 of 1973 is still pending.

(2.) DURING the pendency of the aforesaid proceeding the opposite party no. 2 filed another complaint on march 5, 1973 in the court of Shri R. S. Bedi, Magistrate First Class, Dimapur alleging that the petitioner had committed criminal breach of trust in respect of the same two films. The learned Magistrate at dimapur after perusing the petition of complaint and examining the opposite party No. 2 took cognizance and issued process against the petitioner under section 408 of Indian Penal Code. The said case registered as CR. Case No. 6 of 1973 is also pending.

(3.) IN this application under section 186 of the code of Criminal Procedure, 1973 (hereinafter the new code) the petitioner has prayed that inasmuch as two different courts subordinate to two different High Courts have taken cognizance of the same offence and the learned Magistrate at alipore took cognizance earlier, the proceeding pending in the court at dimapur should be discontinued.