MAKHAN SINGH & ORS. Vs. DAVINDER SINGH

JUDGEMENT

(1.) PETITIONERS Makhan Singh and others, who are accused in criminal complaint filed by respondent Davinder Singh under Sections 326/324/328/427/148/149 IPC, have filed this criminal revision challenging the order dated 12.7.1997, passed by Addl.Sessions Judge, Gurdaspur, vide which he has set aside the order dated 30.11.1996, passed by Chief Judicial Magistrate, Gurdaspur, dismissing the complaint of the respondent on the ground that second complaint on the same facts is not maintainable.

(2.) THE brief facts of the case are that earlier, one complaint was filed by Jagir Singh, brother of the respondent, against the petitioners, which was dismissed in default on 22.12.1993 by Chief Judicial Magistrate, Gurdaspur, when the same was at the stage of preliminary evidence, by passing the following order: -

(3.) AFTER recording preliminary evidence in the second complaint, the petitioners were summoned under Sections 326/324/323/148/149 IPC. After their appearance, they moved an application for dismissal of the complaint on the ground that the earlier complaint filed by brother of the respondent on the same cause of action and same facts was dismissed on 22.12.1993, therefore, the second complaint on the same facts is not maintainable.