Judgment

VENKATARAMIAH, J. :- The question for consideration in this case is whether a person against whom a complaint is filed along with some other person and who after an enquiry under Section 202 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) (hereinafter referred to as the Code) is not proceeded against by the court can be summoned at a later stage under Section 3 19 of the Code to stand trial for the very same or connected offence or offences along with the other person against whom process had been issued earlier by the court.

2. This is an appeal by special leave against the judgment and order dated, May 2, 1979 of the High Court of Patna in Criminal Misc. No. 405 of 1979.

3. A complaint 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 committed certain acts which amounted to offences punishable under Sections 323 and 504 I.P.C. and that the appellant had abetted the offence under Section 323 and had also committed an offence punishable under Section 506 I.P.C. Banktesh Prasad was the Security Officer of the National Institute of Fo