LAWS(RAJ)-1977-3-27

BHANWAR LAL Vs. KISHORI LAL

Decided On March 28, 1977
BHANWAR LAL Appellant
V/S
KISHORI LAL Respondents

JUDGEMENT

(1.) THIS is an application Under Section 482 of the Code of Criminal Procedure challenging the order of the learned Munsif and Judicial Magistrate, Nawalgarh dated November 4, 1976.

(2.) THE brief facts which need to be mentioned for the disposal of this application are as fallows:-

(3.) THEREAFTER one Bhanwar Lal filed a fresh complaint on July 24, 1974 on the same allegations as were made by Beharilal in his previous complaint. The learned Munsif and Judicial Magistrate, Nawalgarh after making enquiry Under Section 202 Cr. P. C. took cognizance on that complaint and issued process against the accused persons. The accused persons thereupon in response to the process moved the Court and put all the materials in regard to the filing of the previous complaint by Beharilal and the same having been dismissed. Further the accused persons also submitted a certified copy of the application of Beharilal wherein he had stated that he had no evidence and he gives up all the witnesses as they had turned hostile. A certified copy of the affidavit of Beharilal was also submitted by the accused persons wherein it was stated by Beharilal that no occurrence had taken place as alleged by him in his complaint and that he was made to file wrong complaint. The learned Munsif and Judicial Magistrate taking note of these material documents and further taking notice of the fact that complainant Bhanwarlal had filed the complaint just after a period of about 2 3\4 years discharged the accused persons.