RANJIT SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) PRITAM Singh respondent brought a complaint against Ranjit Singh and others, the present petitioners on 27-1-1986. The petitioners were summoned and on 20-10-1986, the complainant being absent, the complaint was dismissed for non-appearance. A second complaint was instituted by Pritam Singh on same facts on 18-6-1987 and on the basis of this complaint, the petitioners were again summoned to stand trial. This summoning order in the complaint is the subject of challenge in the present petition brought under section 482 of Criminal Procedure Code. The petitioners allege that second complaint on the basis of same facts is an abuse of the process of Court.

(2.) THE factual position is not disputed It is, however, submitted that there was no bar on the institution of second complaint on the same facts, for the reasons that on 18-10-1986, the date fixed in the complaint, the Presiding Officer was on leave and the next date was fixed by the Reader and no action could be taken by the magistrate. On that date. Further that under section 249, the complaint could be dismissed and the petitioners could be discharged only if offences were non cognizable or non-compoundable.

(3.) THUS , even if the order of discharge and dismissal of the complaint was contrary to provisions of law, the order had to be got set aside in revision but no second complaint on the same facts will lie. I hereby accept the petition and quash the complaint date 18-6-1987 annexure P3 and all the consequent proceedings. Order accordingly.