- (1.) THIS application under Sections 401 and 482 of the Code of Criminal Procedure, 1973 is directed against an order dated 7. 10. 80 passed by the Judicial Magistrate, 3rd Court, Alipore in Complaint case No. 3037 of 1977 (T. R. 883/78) discharging the accused/opposite party No. 1, holding that the case was not maintainable.
(2.) ON the basis of a First Information report lodged by the petitioner against the opposite party No. 1, G. R. Case No. 111 of 1974, was started before the Judicial Magistrate, 8th Court, Alipore on a charge sheet submitted by the Polios under Section 406 I. P. C. On 25. 3. 77 the leamed Magistrate discharged the opposite party No. 1 on the ground that the case was barred by limitation under the provisions of Section 468 of the new code of Criminal Procedure.
(3.) THEREAFTER the petitioner filed a petition of complaint against the opposite party No. 1 and process under Sections 468/420 I. P. C was issued in the said Case No. 3037 of 1977 by the Sub-Divisional Judicial Magistrate against the opposite party No, 1, which ultimately resulted in the impugned order of discharge dated 7. 10. 80 of the opposite party No, 1. In the said impugned order of discharge dated 7. 10. 80 it was held that as the case was not maintainable, the accused (opposite party No. 1) was discharged, since the charge-sheet in G. R. Case No. 111 of 1974 and the present complaint arose out of the same incident, between the same parties.;