CHANDANA DAS Vs. SUKUMAR DUTTA

JUDGEMENT

(1.) This revision is directed against the order dated 03.01.2005 passed by the learned Judicial Magistrate, First Class, Silchar in C.R. Case No. 4221/2003, whereby, the learned Court issued summons to the petitioners on a fresh complaint filed by the respondent No. 1 against them after dismissal of the earlier complaint filed on the same facts and acquitting the accused petitioners.

(2.) The respondent No. 1, herein, filed a complaint case before the learned Judicial Magistrate, First Class which was registered as C.R. Case No. 943/2003 under Sections 323/427/506/511/34 of the IPC. The learned Magistrate took cognisance against the petitioners and after their appearance, date was fixed for furnishing of readable copy of the complaint petition by the complainant to the accused petitioners. The complainant remained absent on that day and due to this reason the copy could not be furnished to the petitioners. The learned Magistrate due to absence of the complainant dismissed the complaint as per Provisions of Section 256 of the Cr.P.C. and acquitted the accused petitioners.

(3.) The complainant thereafter filed a fresh complaint before the Court on the same facts stating therein that in the earlier complaint filed by him due to mistake of date on the part of the engaged advocates clerk, the complainant could not appear which led to the dismissal of his complaint. The learned Court on the basis of the second complaint issued fresh summons to the accused petitioners. The order of the Magistrate dated 13.10.2003 passed in C.R. Case No. 943/2003 dismissing the earlier complaint reads thus:-