Judgment

VAIDIALINGAM

( 1 ) THE question that arises for consideration, in this criminal appeal, by special leave, is regarding the right of a Public Prosecutor to file an application, under S. 494 of the Code of Criminal Procedure (hereinafter called the Code), in respect of a complaint, filed by a private party, and which was being prosecuted by him as such.

( 2 ) THE facts giving rise to this appeal are, briefly, as follows. Harneck Singh lodged a complaint at the Police Station, Phul, on 15/10/1964, at about 10-40 p. m. , that while coming out of a picture house, along with Surjit Singh, first respondent herein, his foot accidentally struck against a third party, Avtar Singh, who was also coming out of the picture house along with Raj Pal, the second respondent. According to the complaint Avtar Singh and the second respondent picked up a quarrel with Harneck Singh, but they were pacified and separated by the Manager of the cinema who intervened. It is also alleged that when later, Harneck Singh and the first respondent were near the Civil Hospital, Phul, the second respondent fired a shot at Harnek Singh. The Police appears to have investigated this complaint and took the view th