BALWANT SINGH Vs. KULBHUSHAN BHASIN

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the impugned orders (Annexures P. 5 and P. 7) passed by Judicial Magistrate Ist Class, Chandigarh and Additional Sessions Judge, Chandigarh.

(2.) Brief facts of the case are that Kulbhsuahan Bhasin through Rachhpal Singh, General Attorney filed a complaint (Annexure P. 2) under Sections 465, 468, 193, 195, 471 and 210 read with Section 109 I. P. C. against the petitioner. After recording preliminary evidence the petitioner was summoned vide order Annexure P. 3 for the alleged offences under Sections 467 and 471 I. P. C. only. During the pendency of this complaint, petitioner filed an application (Annexure P. 4) for dismissing the criminal complaint alleging that this complaint is not filed Kulbhushan Bhasin and he never appeared in the Court. Since the complaint is filed by Rachhpal Singh who claims to be holder of General Attorney of the complainant, no cognizance should have been taken of the complaint. Hence, it was prayed that the complaint be dismissed. This petition was dismissed vide impugned order (Annexure P. 5). The petitioner filed revision against that order which was also dismissed vide order (Annexure P. 7).

(3.) The respondent's learned counsel contended that same grounds were raised by the petitioner in the earlier petition criminal Misc. No. 14030-M of 1990 filed by Balwant Singh against Kulbhushan Bhasin. This petition was dismissed vide order dated 26th February 1991. He contended that on the same grounds, the second petition is not maintainable.