SOHANLAL Vs. SANTI SWAROOP

JUDGEMENT

(1.) THIS is a criminal revision filed by the complainant on the background of facts stated hereinbelow.

(2.) IN the meanwhile, the Petitioner had lodged information with the Police on 21 -9 -1971 on the identical facts. The Police on 3 -3 -1972 charge -sheeted the opposite party under Section 408, Indian Penal Code. It may be mentioned here that the Sub -Divisional Magistrate took cognizance of the offence under Section 403, Indian Penal Code on 1 -12 -1971, as directed by the Sessions Judge. Again the Sub -Divisional Magistrate took cognizance of the same offence as per the charge -sheet submitted by the Police. Summonses were issued against the opposite party in both the cases. While the matter stood thus, the complainant filed a petition for tagging up his complaint petition along with the police case. The Sub -Divisional Magistrate did so, vide his order dated 30 -5 -1972, and transferred the cases for disposal to another Magistrate, who accordingly followed the procedure laid down for police cases under Section 251 -A, Criminal Procedure Code. He perused the police records and on 12 -10 -1972 discharged the accused opposite party under Section 251 -A(2), Code of Criminal Procedure as he found that there was no sufficient cause for framing of a charge and that the dispute was of a civil nature. As against that order, the Petitioner filed a Criminal Revision (No. 3 of 1972) on 18 -11 -1972 before the Additional District Magistrate (Judicial), Sambalpur, but the same was finally dismissed on 19 -3 -1974.

(3.) AS against this order passed on revision the present second revision was filed on 22 -7 -1974. The office report was that there has been a delay of 558 days in filing the revision petition. This is evidently on the basis of the discharge order passed by the Sub -Divisional Magistrate. Even if the dismissal order of' the A.D.M. (J) be taken into consideration, yet the revision is time barred. On 5 -9 -1974, the learned single Judge passed the following order: