B M SHYAMU Vs. B K RAJASEKHAR

JUDGEMENT

(1.) The question that arises in this revision petition is whether the order of discharge passed by the Additional First Class Magistrate, Bangalore under S.253 (2) CrPC. is in accordance with law.

(2.) One Shyamu filed the complaint in the Court of the Additional First Class Magistrate, Bangalore, against five persons, alleging that they had committed an offence punishable under S.406 IPC. The case was registered against Bhoopalam K. Rajasekhar, Bhoopalam K. Prasanna Kumar and Bhoopalam K. Chandra Mohan (A-1 to A-3), who are respondents herein, and the complaint against the other two persons was dismissed.

(3.) The complainant examined 8 witnesses on his behalf. From the records it is seen that the complainant has taken considerable time to examine these 8 witnesses. On 27-11-1970 the complainant requested the Court to issue non-bailable warrant to one Chidambaram Chettiar for being secured for the purpose of examining him as his witness. On that day A-l was absent when the case was called, but he appeared in Court later. By that time the case had been adjourned to 14-12-70 for the appearance of A-1 and for evidence. Again on 10-12-70 the complainant filed a memo for issue of warrant to certain witnesses named therein returnable by 14-12-70. The warrant was not issued as the Magistrate felt that there was no sufficient time for the execution of the warrant. On 14-12-70 the complainant and his Counsel were absent when the case was called on the early part of the day and also on the later part of the day. The learned Magistrate, therefore, passed the following order: