CHIEF EXECCUTIVE OFFICER Vs. TENZING GOPU LAMA

JUDGEMENT

(1.) IN all these three Revision applications two common questions of law are involved. The questions are whether any order of dismissal of complaint under Section 256 of the Code of Criminal Procedure (briefly "cr. P. C. ") is appealable and secondly, what other recourse of law are available to the complainant in such a situation.

(2.) ALL the aforesaid three Revision Applications have been filed by the Complainant against the orders dated 14-1-08 passed by the learned Judicial Magistrate, Shillong in complaint Case No. 644/645/649 (S) of 2008, dismissing the complaints and acquitting the accused persons for non-production of witnesses. Being aggrieved with the orders passed in the aforesaid Complaint cases, the Complainant i. e. Cantonment board has filed these Revision Applications, seeking restoration of the complaint cases. Since the impugned orders are identical in nature and common questions of law are involved, the revision applications filed under article 227 of the Constitution of India read with Sections 397, 401 and 482 of cr. P. C. are being disposed of by this common order.

(3.) HEARD Shri S. R. Sen, learned senior counsel for the petitioners. The respondents were represented by Smt. T. Yangi, Mr. M. F. Qureshi and Mr. R. Chaudhury, learned advocates respectively.