LEKHRAJ KEKERJA Vs. RAYMAN

JUDGEMENT

(1.) LEKHRAJ Kukreja and his brother Jethanand Kukreja (hereinafter called 'the accused' have been summoned by Shrimati Rekha Mittal, Judicial Magistrate I Class, Chandigarh, vide order dated 18-5-90, for an offence under section 498-A, Indian Penal Code, on the basis of a complaint dated 11-9-89 brought by Smt Rayman (for short 'the complainant') who is the wife of the accused-1. The accused have come to this Court, in this criminal miscellaneous under section 482, Code of Criminal Procedure for quashing of the complaint Annexure P1 and the proceedings arising therefrom.

(2.) THE allegations in the impugned complaint may be briefly noted :-

(3.) THE accused placed on record a copy of the earlier complaint Annexure P2 that was instituted on 25-8-89. This was fixed for 31-8-89 and the order recorded by the Court in the said complaint shows that the case was called in the pre-lunch time and the complainant being not present, it was directed that the case be put up soon after lunch. Again, she was not present when the case was taken up. The complaint was dismissed for non-prosecution. It is not disputed that except the insertion of the occurrence of 10-5-89, of the truck hitting her car, the complaint is otherwise almost a copy of the earlier complaint. On these basis, the learned counsel for the accused urges that no second complaint can be filed unless there were some special circumstances.