- (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:- A first information report was lodged by one Behari Lal at Police Station, Nawalgarh on October 15, 1971 Under Section 147, 323, 326 read with Section 149 of the I. P. C. Police started investigation on the report. During the pendency of investigation, Behari Lal filed a private complaint on May 1, 1972 in the Court of Munsif and Judicial Magistrate, Nawalgarh on the same allegations as mentioned in the first information report. In the mean time the police gave final report after investigation, but that did not fructify as the private complaint by that time had already been filed before the learned Munsif and Judicial Magistrate. The prosecution was called upon to lead evidence in support of the complaint Under Section 244, Cr. P. C. But the complainant Beharilal on July 21, 1973 made an application in writing to the effect that all his witnesses have turned hostile and they do not want to give any evidence in support of the complaint. It was also stated in that application that on that account the complainant gives up the witnesses and he no more wants to adduce any evidence. He, therefore, prayed that his complaint be dismissed for want of evidence. Upon that application the Munsif and Judicial Magistrate, Naw-algarh by his order dated July 21, 1973 dismissed the complaint for want of proof. The learned Judge, however, further observed that the accused persons are acquitted, though this term was wrongly used, as he should have used 'discharged' instead. It is also pertinent to mention here that complainant Behari Lal had also filed an affidavit before the learned Sub-Divisional Magistrate, Nawalgarh stating therein that no occurrence had taken place and he was made to file a wrong report. These facts are almost admitted and they, are not being challenged before me. It may be further mentioned that the complainant Behari Lal did not challenge the order of discharge before any superior Court and the matter ended there.
(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.;