AZIZUR RAHMAN Vs. HARUN RASHID

JUDGEMENT

(1.) This revision is directed against the judgement and order dated 20-2-85 passed by the Judicial Magistrate 2nd class Hailakandi whereby the petitioner's complaint was dismissed.

(2.) The petitioner had earlier filed a complaint on the allegations that on 15-6-84 while he was collecting tolls in the market, settled with him the accused persons in a body armed with lethal weapons prevented the complainant from collecting tolls from the market and assaulted him. The learned Magistrate after enquiry, then had dismissed the complaint. The complainant then filed the present complaint and after hearing the parties the learned Magistrate by the impugned judgement and order held that in so far as the allegations are concerned the same were, correct but that since the earlier complaint case No. 649/84 had been dismissed by order dated 23-6-84 the subsequent complaint could not be entertained. No exceptional circumstances were proved by the complainant which may warrant the entertainment of the second complaint. The complaint was dismissed and the accused persons acquitted.

(3.) Aggrieved, the complainant has come to this Court and Mr. A.K.A. Laskar, learned counsel appearing on his behalf submits that the learned trial court has grievously erred in holding that in view of the dismissal of the earlier complaint the second complaint could not be entertained. In this connection Mr. Laskar has pointed out that even though the allegations the complaint were correct and proved yet the learned trial Court had dismissed the complaint. On the other hand, Mr. N. Mohammad, learned counsel for the opposite parties, has submitted that the earlier complaint having been dismissed on merit by order dated 23-6-84 and no exceptional circumstances having been made out for entertainment of the second complaint the learned Magistrate was justified and correct in dismissing the complaint. Mr. Mohammad has relied upon Pramatha Nath v. Saroj Ranjan, AIR 1962 SC 876 where the Supreme Court has observed that :