JUDGMENT

Charanjit Talwar, J. - A complaint was filed by respondent No. 2 herein, Ram Asrey, against M. B. Singh, Advocate, who had been appointed local commissioner by the Court of a Sub Judge 1st Class, for having committed an offence under section 167, Indian Penal Code. The petitioner herein, Puran Chand, was alleged to have abetted the said Advocate in the commission of that offence. The trial Court vide its order dated 26th April, 1980, summoned the petitioner herein as well as M. B. Singh. It is the admitted case of the parties that the complaint had been filed some time in the year 1977. It appears that the petitioner herein moved an application on 25th June, 1983, under section 245(2) of the Code of Criminal Procedure seeking to be discharged. By order of 7th August, 1985, that application was dismissed. It is that order which is impugned in this miscellaneous petitioner under section 482 of the Code of Criminal Procedure. It is the admitted case of the parties that so far the pre-charge evidence has not been recorded.

2. In support of his plea that the charge as alleged in the complaint is groundless, Mr. Bhalla, learned counsel for the petitioner, relies on two judgments