KISHORILAL Vs. SANTOSH

JUDGEMENT

(1.) In this petition under S.482 of the Code of Criminal Procedure the petitioners have challenged the legality of the order dt. Jan. 24, 1984 passed by the Judicial Magistrate, No. 1, Bikaner by which the learned Magistrate took cognizance against two of them viz. Narsinghlal and Smt. Nirmala under S.494 I.P.C. and against the remaining petitioner u/s. 494 read with 114 I.P.C.

(2.) The legality of the order has been challenged on the ground that the Court has taken cognizance against the petitioners on a second complaint while the first complaint was alive. Another ground of attack is that out of the thirteen petitioners except Narsinghlal and Devkishan Devilal all had been discharged by the Court in which the first complaint was filed and that order had become final by the order of the revisional Court and as such the cognizance on the second complaint is illegal.

(3.) In order to appreciate the arguments of the learned counsel for the parties it is necessary to refer to certain relevant proceedings and dates regarding the two complaints.