LAL CHAND Vs. ASST COLLECTOR CUSTOMS

JUDGEMENT

(1.) This criminal reference has been made by the learned Sessions Judge, Srinagar, in terms of S.438 of the Cr. P.C. seeking quashment of the Order dt. 8-6-1987 passed by the Learned Chief Judicial Magistrate, Srinagar, whereby he has restored a complaint for its fresh inquiry, which was earlier dismissed by him for non-prosecution.

(2.) A complaint appears to have been instituted against the 'petitioners' by the Assistant Collector, Customs for contravention of some provisions of the Gold Control Act, hereinafter referred to as "Act", somewhere in 1984. The complainant absented himself to appear in the trial court continuously for a few hearings, with the result that the complaint was dismissed on 14-6-1986 and the accused petitioners got discharged. After a lapse of more than six months some lawyer appearing for the complainant filed an application signed by himself for revival of the complaint. The learned Chief Judicial Magistrate asked him to produce the complainant on the next date for his examination. On 2-1-1987 the statement of the complainant was recorded a process was issued against the petitioners. They appeared and raised an objection to the maintainability of the complaint on various grounds. The learned Chief Judicial Magistrate, however, by virtue of the impugned order held that as the order of dismissal of the compliant fell neither under S.247, nor under S.253(2) nor under S.259 of the Cr. P.C. therefore there was no bar for initiating fresh proceedings against them. Accordingly, he over ruled the objection of the petitioners and proceeded further with the complaint.

(3.) Aggrieved, the petitioners filed a revision against the said order and the learned Sessions Judge, Srinagar, is of the view that the said order of the learned Chief Judicial Magistrate was not in accordance with law and hence this reference.