DAVE, J.—This reference comes on the report of the learned Additional District Magistrate, Jodhpur dated 30th May, 1959.

2. The facts giving rise to it are that the non-petitioner in this court i.e. Shri Krishan presented a complaint in the court of the Magistrate Ist Class Jodhpur against the petitioner on 20th March, 1957 for offences under sec 426, 447, 448 and 379 IPC. The Magistrate proceeded to try the case as a warrant case because the offence under sec. 379 IPC. could be tried only as a warrant case. On the 11th August, 1958, the complainant was to produce his witnesses. On that date, he was absent and therefore the accused were discharged by the Magistrate under sec. 259 Cr.P.C. On the very next day i.e. 12.8.58, the complainant presented a fresh complaint in which he reiterated all the facts and allegations which were narrated by him in his original complaint dated 20th March, 1957. It was further added by him that his case was not shown on the cause-list and therefore he was doubtful if it would be heard on 11.8.1958. He remained present outside the court till 12-30 p.m. and thereafter he went away to answer the call of nature since he had pain in his stomach. On his retu

Click Here to Read the rest of this document