JASUA Vs. EMPEROR THROUGH JALDHARI

JUDGEMENT

(1.) I have heard the learned Counsel in support of this application in revision and I am of opinion that it cannot succeed. It appears that the applicants were the accused in a case which was being prosecuted under Section 107 of the Code of Criminal Procedure. On one of the dates which was fixed for the hearing of the case the complainant was absent and the Magistrate recorded an order discharging the notice which had been issued upon the accused persons to show cause.

(2.) The next day the complainant put in a fresh application to the Magistrate. The complainant's statement was recorded by the Magistrate and thereafter notice was issued to the accused persons calling upon them to show cause why they should not be bound over to keep the peace.

(3.) The accused applied to the District Magistrate saying that no fresh proceedings could be instituted against them after the order of the Magistrate cancelling the notice which was issued in the first instance. It seems and was argued in the Court below that this order of cancellation amounted to an order of acquittal which was a bar to fresh proceedings. The learned District Magistrate, however, was right in holding that in such cases there is no acquittal but merely a discharge which does not prevent another case being instituted.