JUDGMENT

K.N. Shukla, J. - Respondent No. 1 filed a complaint under section 500 I.P.C. against the present applicant and some others for publishing a defamatory article in a weekly named "Current" when the applicant appeared in response to the summons issued by the learned Magistrate, he brought to the notice of the court that he had nothing to do with the weekly which allegedly published the defamatory article. On 2.3.80, the learned Magistrate discharged the present applicant under section 245(2), Cr. P.C.

2. The complaint case proceeded but it came to be dismissed in default of the complainant on 28.6.80.

3. An application for restoration of the complaint was filed and the learned Magistrate was pleased to restore the complaint on 3.2.81. Thereafter summonses were issued to the accused persons including the present applicant. The grievance of the applicant is that once he was discharged under section 245(2), Cr. P.C. and no revision was filed against that order, his discharge became final and he could not be re-summoned after restoration of the complaint.

4. Learned counsel for respondent No. 1 Shri S. C. Pandey, in reply submitted that in fact there appears to be some mistake i