Judgement

SIKRI, J. : This appeal by special leave is directed against the judgment of the High Court of Punjab dismissing Criminal Miscellaneous Petition No. 8 of 1964. This petition arose out of the following facts. Bhagwant Rai and Chhota Ram were tried under Section 325, I .P. C., read with Section 34, I. P. C., in the Court of Shri Harish Chander Gaur, Magistrate 1st Class, Patiala. Ajaib Singh, Sub Inspector, one of the appellants before us, had investigated the case. The Magistrate, by his order dated April 5, 1957, acquitted both the accused and, inter alia, observed that Bhagwant Rai had been falsely implicated in the case as he was not even present on the day of the occurrence at Patiala. On the application of Bhagwant Rai, Shri Joginder Singh Karamgerhia , Magistrate 1st Class, Patiala, who succeeded Shri Harish Chander Gaur, flied a complaint under Sections 193, l95, 211 and 120B, I. P. C., on October 31, 1958, against six persons including the appellants, Ajaib Singh and Malkiat Singh. Shri O. P. Gaur Magistrate First Class, by his order dated June 1, 1959, discharged the accused, holding that the complaint was not competent as it was barred by sub-section (6) of Secti