Indian Penal Code, 1860
Sections 294, 323, 427, 447 & 506-II—Refusal by High Court to quash order of Magistrate taking cognizance of offence—Appeal—Non-disclosure of dismissal of previous contempt petition in the criminal complaint—Cause of action for filing contempt petition and alleged cause of action for filing complaint was substantially the same—Cognizance was taken after dismissal of contempt petition by a detailed order—Further prosecution of complaint was itself an abuse of process of law, and therefore, the High Court ought to have quashed the complaint—Order of Magistrate taking cognizance are quashed and set aside—Appeal allowed.
[Paras 7 to 13]