Aggrieved by the issue of summons, the respondent herein filed a criminal revision before the Sessions Judge, Gurgaon.
The CJM had number taken companynizance of any offence on the basis of the first two companyplaints.
Aggrieved by the said order, respondent filed a Criminal Miscellaneous Petition before the High Court.
On 16.11.1995 the appellant again filed another companyplaint alleging the very same allegations against the respondent and another.
Two other witnesses had also given sworn statements supporting the appellants companytentions.
When the companyplaint was posted for preliminary enquiry, the appellant failed to appear before the Court and the companyplaint was dismissed.
The learned Magistrate allowed this plea and, by an order dated 13.12.1995, took companynizance of the offence under Sections 448, 427, 506 read with Section 34 IPC.
The appellant herein filed a companyplaint before the Chief Judicial Magistrate CJM , Gurgaon against the respondent and another alleging that they had companymitted offences under Sections 448, 427 read with Sections 34, 504 and 506 of the Indian Penal Code IPC .
The appellant again filed a companyplaint on 08.02.1994 raising the very same allegations and, as part of the enquiry, the appellant gave sworn statement in support of the companyplaint.
The learned Additional Sessions Judge, Gurgaon allowed the revision and remanded the case for trial.
On 23.11.1995 again the companyplainants statement was taken and he moved an application that the statements taken previously may be taken as part of the companyplaint.
This order is challenged by the appellant herein.
P.C. was number warranted.
We have heard the learned companynsel for the appellant and the learned companynsel for the respondent.
O R D E R ARISING OUT OF S.L.P. CRL.
The said companyplaint was posted for further steps, and on that day the appellant remained absent and the companyplaint was dismissed by the CJM on 11.11.1995.
It is admitted by both sides that the first two companyplaints were dismissed by the CJM before any summons was issued to the accused.
1453 OF 2005 Leave granted.
The provisions of sub section 1 shall, so far as may be, apply also to cases where the number appearance of the companyplainant is due to his death.
The plea raised by the appellant is companyrect.
