B.N. Nigam, J.

[1] This is a reference by the leaning Sessions Judge, Ajmer, recommending that the second complaint preferred by Nathirmal against Assandas be dismissed. In the reference, I have heard the learned Counsel for Assandas, I have heard Nathirmal who is present in person. The Public Prosecutor has not put in his appearance on behalf of the State.

[2] It appears that on 3-6-1953 Nathirmal filed a complaint against Assandas under Section 500, I.P.C. in the Court of the Additional City Magistrate, Ajmer. This complaint was not disposed of till 8-7-1953. On 4-7-1953 Nathirmal presented another complaint in the Court of the City Magistrate against Assandas and Tilokchand Gopaldas under Sections 499 and 500, I.P.C. It is not disputed that so far as Assandas is concerned the second complaint is on the same facts as the first.

[3] As the complaint against Assandas was still pending on 4-7-1953, when the second complaint was preferred, the second complaint could not be proceeded with and. so far as Assandas is concerned, that complaint had to be filed without orders.

[4] I, therefore, accept the reference and direct that the second complaint so far as it relates to the charge against Assandas be filed without orders in view of the pendency of the first complaint. With these remarks, I accept the reference.