9911796707
TMI Blog2001 (1) TMI 961X X X X Extracts X X X X X X X X Extracts X X X X ..... inant, felt beguiled by the appellant, whom she described as her lawful husband, and her younger sister Rajwant Kaur connived with him for performing a marriage between them clandestinely during the time when Ranjit Kaur was enceinte. After the child was born to her she filed the first complaint against Jatinder Singh the appellant. In the complaint she arrayed the appellant as the first accused indicting him of the offence of bigamy (Section 494 IPC) and four others including her sister Rajwant Kaur were arraigned for abetting the said offence (Section 109 IPC). The magistrate before whom she filed a complaint kept on waiting for holding an inquiry under Section 202 of the Code of Criminal Procedure (for short the Code). It is a pity th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and there was a temporary reprieve for the appellant from court proceedings. But the complainant, with alacrity, moved the High Court by a revision petition in challenge of the order passed by the Sessions Judge. A learned Single Judge of the High Court of Punjab and Haryana, by a very short order, revived the magistrates order and upset the order passed by the Sessions Judge. It is the said brief order passed by the Single Judge which the appellant has assailed now by special leave. This is what the High Court has stated in the impugned order: The earlier complaint was dismissed on 2.12.1992 but not on merits. It was dismissed in default. In those circumstances, the second complaint was maintainable and rightly held by the Magistrate th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is sufficient ground for proceeding. Section 203 of the Code empowers him to dismiss a complaint after holding such inquiry if he is of opinion that there is no sufficient ground for proceeding. In that event he has to record the reasons as to why he held that there is no sufficient ground for proceeding, though he need not write an elaborate order. Section 203 of the Code reads thus: 203. Dismissal of complaint.- If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... incomplete record or on a misunderstanding of the nature of the complaint or it was manifestly absurd, unjust or foolish or where new facts which could not, with reasonable diligence, have been brought on the record in the previous proceedings, have been adduced. It cannot be said to be in the interest of justice that after a decision has been given against the complainant upon a full consideration of his case, he or any other person should be given another opportunity to have his complaint enquired into. S.K. Das, J. (as he then was) while dissenting from the said majority view had taken the stand that right of a complainant to file a second complaint would not be inhibited even by such considerations. But at any rate the majority view ..... X X X X Extracts X X X X X X X X Extracts X X X X
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