At the outset I have pointed out to the learned Advocate liar the applicant, that on reperusal of my order dated 9th June, 1981 in Miscellaneous Application No. 1107 of 1980. I have not only considered the evidence on which the applicant had relied before me, for bin complaint to the police station in question, but I have also pointed cut certain discrepancy in the report lodged with the Police by complainant and the affidavit dated 9th November, 1980 of the Abdul Rehman and as such, if the learned advocate for the applicant wanted that this applica--tion may be placed before another Judge, I was prepared to send it to the Chief Justice, for necessary orders. However, the learned advocate for the applicant submitted, that he has no objection, if this fresh application is also considered by me, in view of my order dated 9tb June, 1981. The only point that has been raised in the present application which was not considered in my order dated 9th June. 1981 is the effect of the private complaint filed by the applicant and issuance of process by the Magistrate on 12th March, 1981 in spite of the fact; that ale copy of the complaint and order passed thereon were available on the file of the early application. The learned advocate for the applicant submitted, that in view of the order of Honourable Supreme Court dated 26th August, 1981 passed in petition for Special Leave to Appeal No. K-35/81 the effect of the said complaint and issuance of process thereunder may be considered, as this fact was not considered, while disposing of the early application.
2. The learned Advocate for the applicant submitted, that the learned Magistrate having issued process on the private complaint in question has accepted prima facie, the allegation made in the said complaint, against the respondents in question and as such in the interest of justice above application may be allowed so that the prosecution may be able to produce ail the requisite evidence, before the trial Court, without any hinderence from the respondents.
3. The learned Advocate for the respondents Nos. 2-4 on the other hand submitted, that by my order dated 9th June, 1981, I have fully considered the fact of the complaint filed by the applicant and as such no further consideration necessary at this stage, as no evidence at all has been recorded in that private complaint till today.
4. The learned Additional Advocate-General appearing for the State also does not support the above application, on the ground, that mere filing of the complaint and issuance of the process, without recording of any evidence on oath has not changed the position, as it existed on 9th June, 1981 when Cr. Miscellaneous Application No. 1107/80 was dismissed by me and as such there is no force in the above application, on the ground, that has been urged by the learned Advocate for the applicant today before this Court,
5. I have carefully, considered the submissions made by the learned Advocates before me and I have gone through my order dated 9th June, 1981 which is also available before me. I have also gone through the order of Honourable Supreme Court dated 26 August, 1981 on the basis of which fresh application has been filed by the applicant. It is true, that specially, I have not considered in my order dated 9th June, 1981 the effect of issuance of process on the private complaint filed by the present applicant, although the said complaint and order passed thereon were available on that file, but this was due to fact, that the arguments that were advanced before me, it seems from my order in ques--tion, were mostly confined to the reports lodged before the Police, which I have fully considered in my order dated 9th June, 1981. In my opinion even on the basis of the Police report, which was considered by me, while disposing of Criminal Miscellaneous Application No. 1107/80, the applicant has file the private complaint, on which the learned Magistrate has issued process against the respondent, still the position as far as alleged facts mentioned therein are concerned remains same, as no evidence at all as admitted by the learned Advocate for the applicant has been recorded by the learned Magistrate, on the said complaint. In the absence of any evidence so recorded, before the learned Magistrate being before me, there is no any additional ground, that has been brought to my notice to reconsider my order dated 9th June, 1981.
In my opinion mere filing of the complaint and issuance of the process thereon, in the absence of any evidence recorded, which could have been produced by the applicant, for establishing the allegation made against the respondents No. 2-4, I find nothing new on the record, to reconsider the said order.
6. In view of my above conclusion, I dismiss the above application at this stage. However, applicant will be at liberty, to move a fresh application, after recording of some evidence in his private complaint, before the learned Magistrate, if he is so advised.
Revision disallowed.