KUNDAN LAL AHUJA Vs. B.K.SHARMA

JUDGEMENT

(1.) This revision petition is directed against the order dated 7.1.2000 passed by the learned Addl. Chief Judicial Magistrate, Shimla, in Complaint Case No. 12 -3 -IV of 1999 whereby the said complaint has been dismissed.

(2.) The facts relevant for the purpose of present discussion are that the respondent is alleged to have filed false affidavits in this Court in Civil Writ Petition No. 563/1997 and in the Civil Miscellaneous Application No. 1178/1997 in the said Civil Writ Petition and also in support of the reply to Civil Miscellaneous Petition No. 472/1997 in RSA No. 282/1996. On the basis of these allegations, the petitioner filed a complaint under Section 193 IPC against the respondent in the Court of the learned Addl. Chief Judicial Magistrate, Shimla. After having recorded the statement of the petitioner in the complaint case, when the case came up for consideration before the learned trial Magistrate to find out as to whether the accused should be summoned or not on 7.1.2000, none appeared for the petitioner -complainant despite the fact that the case was repeatedly called. At 3.20. P.M., the trial Magistrate proceeded to dismiss the complaint in view of the provisions of Section 195 of the Code of Criminal Procedure. Hence the present petition.

(3.) I have heard the learned counsel for the parties and have also gone through the prescribed material placed on record.