SYAMANTA PHUKAN & ANR. Vs. SRI ARNABJAN DEKA

JUDGEMENT

(1.) NONE has appeared on behalf of the petitioner, who is accused in Complaint Case No. 1632C/2004. However, heard Mr. Z. Kamar, learned Public Prosecutor, Assam. While considering the present revision, it needs to be noted that a complaint was made, in the Court of learned Chief Judicial Magistrate, Kamrup, Guwahati, which gave rise to Complaint Case No. 3506C/2003, and, having taken cognizance of offences punishable under Sections 419/ 500/ 501/ 502/ 504/ 109/ 120 -B, IPC, the learned Court below dismissed the complaint for default on 25 -06 -2004 inasmuch as the complainant was absent without taking any steps, but the accused were present with their counsel. On dismissal of the complaint, a second complaint was made by the complainant, who is opposite party herein, but on whose behalf, none has appeared today, on the basis of the second complaint. Complaint Case No. 1632 -C/ 2004 was registered and, having examined the complainant, under Section 200, Cr PC, on order was made on 16 -07 -2004, on the second complaint, by the learned Additional Chief Judicial Magistrate, taking, once again, cognizance of offences under Sections 419/ 500/ 501/ 502/ 504/ 109/ 120 -B IPC and directing issuance of summon to the accused persons named in the complaint. Aggrieved by the order, dated 16 -07 -2004, aforementioned, the petitioners, who are accused in the said complaint case, have put to challenge the legality of the order, dated 16 -07 -2004, on the ground that the second complaint could not have been entertained by the learned Court below and the remedy of the complainant lied in getting the order, dated 25 -06 -2004, set aside so that the first complaint could have been restored to file.

(2.) IN view of the fact that the Code of Criminal Procedure does not provide for lodging of a second complaint, the impugned order, dated 16 -07 -2004/ cannot be sustained and the remedy of the complainant -opposite party lied in getting the order, dated 25 -06 -2004, whereby the complaint was dismissed, set aside and quashed.

(3.) IN the result and for the reasons discussed above, the impugned order, dated 16 -07 -2004, is hereby set aside and the second complaint, which gave rise to Complaint Case No. 1632 -C/2004, is hereby quashed.