GYANI RAM Vs. MUNNI DEVI

JUDGEMENT

(1.) MUNNI Devi, respondent, filed a complaint under Sections 323/325/452, 506, 148 and 149 of the Indian Penal Code against the petitioners, and one Babli. The petitioners were summoned to stand trial the offences vide order dated 17th February, 1990 and they attended the Court. On 25th August, 1990, the case was dismissed for non-prosecution by the Judicial Magistrate, Charkhi Dadri. That order vide which the complaint was dismissed was not assailed by the respondent, but she filed another complaint on 12th November, 1990 on the same facts. Vide order dated 1st February, 1992, the petitioners were again summoned to stand trial for the same offences. They have, thus, filed the present petition under Section 482 of the Code of Criminal Procedure for quashing order dated 1.2.92 on the ground that the trial Magistrate had no power to entertain the second complaint on the same cause of action after dismissing the first complaint for non-prosecution. The respondent while filing the second complaint concealed the true facts and did not mention that her first complaint had been dismissed.

(2.) NOTICE of the petition was given to the respondents, but no reply was filed controverting the allegations made in the petition.

(3.) AS a result, I accept this petition and quash the summoning order, Annexure-1. Petition accepted.