- (1.) Heard learned counsel for parties. From perusal of record, it appears that for the same allegations, petitioners were summoned earlier in Sessions Trial No. 363 of 2003 under Section 319 of the Code of Criminal Procedure. Said order of issuance of summons was challenged by petitioners in Cr. M.P. No. 129 of 2005, which was allowed and order of issuance of summons has been quashed. Cognizance in the present case was taken on the basis of a complaint, in which almost same allegations made, as it was made in the depositions of witnesses before the Sessions Court.
(2.) Since quashing of order of issuance of summons in Sessions Court amounts to acquittal of petitioners, in my view, they cannot be prosecuted again on the same allegation. Accordingly, I allow this I.A. and order dated 10.06.2011 passed by Judicial Magistrate, Dhanbad in C.P. Case No. 416 of 2003 is hereby stayed. Accordingly, I allowed.;