HARBHAGWAN DAS Vs. DALJIT SINGH

JUDGEMENT

(1.) This is an appeal by leave granted under the provisions of sub -section (3) of Sec. 417 of the Code of Criminal Procedure (hereinafter referred to as the Code) against the order dated the 4th of January. 1958, of Shri Mohinder Singh, Chief Judicial Magistrate Hoshiarpur, dismissing a complaint filed in his Court by the appellant in respect of offences under Ss. 323, 504 and 342 of the Indian Penal Code alleged to have been committed by the respondent who is employed as an Assistant Sub -Inspector of Police in Hoshiarpur District.

(2.) The facts giving rise to this appeal may be briefly stated. Alleging that the appellant had been beaten, abused and illegally confined by the respondent, he (the appellant) filed a complaint against the respondent in respect of offences under Ss. 323 and 342 of the Indian Penal Code in the Court of the Chief Judicial Magistrate, Hoshiarpur, who after recording preliminary evidence, issued a summons against the respondent for the 28th of October, 1967, on which date. however, the respondent did not appear in Court and the case was adjourned to the 9th of November, 1967. On the date last mentioned neither of the parties appeared in Court and the case was adjourned to the 15th of November, 1967, when the learned Chief Judicial Magistrate dismissed the complaint for failure of the complainant -appellant to appear.

(3.) On the 21st of November, 1967, the appellant filed a fresh complaint against the respondent in the same Court but in respect of offences under Ss. 323, 504 and 342 of the Indian Penal Code although they were alleged to have arisen from the same occurrence which was the subject -matter of the previous complaint. In the new complaint the appellant mentioned that he had fallen ill at Kangra on the date of hearing fixed in the previous case (presumably the 9th of November, 1967) and had remained ill for a week. The learned Magistrate sent for the file of that case and passed the following order on the 4th of January, 1968: -