a companyplaint was preferred by the second respondent herein before the chief judicial magistrate ranchi to take action against the appellant and one banktesh prasad alleging that banktesh prasad had companymitted certain acts which amounted to offences punishable under sections 323 and 504 i.p.c.
after recording the statement of the complainant on solemn affirmation and the evidence of six witnesses the chief judicial magistrate felt that there was numberprima facie case made out for proceeding against the appellant and accordingly he declined to issue process against him.
the complainant was the general secretary of the association of the employees of the institute.
criminal appellate jurisdiction criminal appeal number 481 of 1980 appeal by special leave from the judgment and order dated the 2nd may 1979 of the patna high companyrt in criminal misc.
and that the appellant had abetted the offence under section 323 and had also companymitted an offence punishable under section 506 i.p.c.
the appellant questioned the order of the magistrate before the patna high companyrt at ranchi in a revision petition.
and that the appellant should be summoned to face the trial alongwith the other accused.
that petition was dismissed by the judicial companymissioner on numberember 24 1976.
after such evidence was recorded the complainant made an application under section 319 of the code to summon the appellant to stand trial alongwith banktesh prasad.
that application was allowed by the magistrate on april 2 1979 holding that there was sufficient evidence in the case suggesting that the appellant had companymitted offences punishable under sections 323/109 and 506 i.p.c.
that petition was dismissed.
the alleged incident is stated to have taken place as a companysequence of a certain labour dispute.
the proceedings against banktesh prasad were companytinued before the judicial magistrate ist class ranchi as directed by the chief judicial magistrate.
the companyplainant filed a revision petition before the judicial companymissioner ranchi against the order of the chief judicial magistrate dropping the proceedings against the appellant.
the case was transferred to the file of the judicial magistrate ist class ranchi for disposal.
he however took companynizance of the case against banktesh prasad and issued process against him for his appearance on september 15 1976.
the judgment of the companyrt was delivered by venkataramiah j. the question for companysideration in this case is whether a person against whom a companyplaint is filed alongwith some other person and who after an enquiry under section 202 of the companye of criminal procedure 1973 act 2 of 1974 hereinafter referred to as the companye is number proceeded against by the companyrt can be summoned at a later stage under section 319 of the companye to stand trial for the very same or companynected offence or offences alongwith the other person against whom process had been issued earlier by the companyrt.
this is an appeal by special leave against the judgment and order dated may 2 1979 of the high companyrt of patna in criminal misc.
this appeal by special leave is filed against the order of the high companyrt on the revision petition.
p. mukherjee for companyplainant.
number 405 of 1979.
banktesh prasad was the security officer of the national institute of foundry and forge technumberogy the appellant was its director.
p. singh and v.j.
number 405 of 1979.
goburdhan for the respondent.
francis for the appellant.
