BAL KRISHNA PRASAD Vs. STATE

JUDGEMENT

(1.) HEARD Mr. Pankaj Kumar Sinha, counsel for the petitioner and Mr. Ashok Priyadarshi, counsel representing the complainant -opposite party no. 2.

(2.) THE petitioner has come against an order taking cognizance of offences under sections 500 and 504 of the Indian Penal Code and summoning him for facing trial. The cognizance order was passed on the basis of a complaint filed by the opposite party no. 2. The short and the only question that arises for consideration in this case is whether the filing of a complaint, allegedly on untrue allegations and later allowing it to be dismissed for non -prosecution can give rise to offences under sections 500 and 504. of the Penal Code.by the complainant against the accused in that complaint.

(3.) THE Magistrate has passed the impugned order of cognizance on this complaint.