KABLA SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) The petition here arises from a complaint filed against the petitioner Kabla Singh under Section 500 of the Indian Penal Code. The legality of this complaint has been questioned on the ground that it had earlier been dismissed in default, but was subsequently restored on the application of the complainant. The contention raised being that no jurisdiction vested in the Magistrate to restore a complaint dismissed in default and consequently the proceedings after the dismissal of the complaint in default, were wholly without jurisdiction.

(2.) The point canvassed is indeed supported by the judgment of the Supreme Court in Maj. GenI. A.S. Gauraya and another v. S.N. Thakur and another, where it was held that when a complaint is dismissed for non-appearance of the complainant, the discharge or acquittal of the accused is on the same ground as a final order and in the absence of any specific provision in the Code of Criminal Procedure, 1973, the Magistrate cannot exercise any inherent jurisdiction to restore the case. Such thus being the clear enunciation of law, there can be no escape from the conclusion that the proceedings against the petitioner are wholly without jurisdiction and the complaint is consequently hereby quashed.

(3.) This revision petition is accordingly accepted. Petition accepted