Satish Kumar Mittal, J.

1. This order shall dispose of two petitions i.e. Cri Misc. No. 2066-M of 1992, filed by Jitender Bajaj, Resident Editor, Jan Satta, Chandigarh and Cri. Misc. No. 5686-M of 1992, filed by Pawan Kumar Bansal and Jitender Bajaj, News Correspondent and Resident Editor, respectively, of Jan Satta, Chandigarh.

2. Both these petitions have been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing of second criminal complaints, filed by respondent No. 2, in which the petitioners have been summoned to face trial under Section 500, IPC on the same set of facts and allegations, as were levelled in the first complaints, which were dismissed for non-appearance of the complainants and their counsel under Section 256, Cr. P.C. and the petitioners were acquitted.

3. The question of law involved in both these petitions is :

Whether the second complaint in a summons case filed on the same set of facts and allegations is maintainable, when the first complaint was dismissed for non-appearance of the complainant and his counsel under Section 256, Cr. P.C. when the accused was present in the Court and the Judicial M