RASIK TATMA Vs. BHAGWAT TANTI

JUDGEMENT

(1.) This is a reference under Section 438 of the Code of Criminal Procedure by the District Magistrate, Saharsa.

(2.) The material facts are these: One Bhagwat Tanti filed a complaint in the court of the Subdivisional Magistrate, Madhipura, against Rasik Tatma and three others, alleging that they had forcibly uprooted wheat crop from his lands. The: Subdrwsional Magistrate summoned accused Rasik. and, thereafter, transferred the case to the file of the Honorary Magistrate, First Class, Madhipura. This trying Magistrate allowed bail to the accused and summoned prosecution witnesses for the next date. On the next date, that is, the 16th March 1954, trying Magistrate found the complainant absent on call and, therefore, he acquitted the accused under section 247 of the Code of Criminal Procedure. Subsequently the complainant appeared before the trying Magistrate and filed a petition for reviving the case. On the 2nd April 1954, the learned trying Magistrate passed an order reviving the case. Accused Rasik then moved the District Magistrate for referring the matter to the High Court for setting aside the order of the learned trying Magistrate dated 2nd April, 1954 reviving the case. Upon this application, the learned District Magistiate has referred this case to this Court for quashing the proceeding against petitioner Rasik Tatma.

(3.) The only important question for decision in this case is as to whether the case could have been revived or restored after the accused had been acquitted under Section 247 of the Code of Criminal Procedure.