MUHAMMAD HANIF IBRAHIM BUNI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal filed by the complainant praying to quash and set aside the order dated 12 th September, 2022 below Exh.1 passed by learned Chief Judicial Magistrate, Godhra in Criminal Case No.58 of 2018 by which complaint came to be dismissed under Sec. 256 of Code of Criminal Procedure, 1973 and thereby, respondents-accused were acquitted from the charges levelled against them.

(2.) That on 20/2/2023, this Court has issued 'Notice' for final disposal making it returnable on 27 th March, 2023. Thereafter, it was pointed out by the learned advocate for the appellant that appeal qua Respondent No.10 is abated and 'Notice' is served upon rest of the private respondents. The said aspect has been reflected in the order dated 29 th March, 2023. Today, when the matter was called out, though Board shows that 'Notice' has been served upon the respondents-accused, no one appeared either personally or through an advocate before this Court. Therefore, Court has considered the matter on merits.

(3.) That the private complaint filed by the complainant for the offence punishable under Ss. 406 , 420 , 467 , 468 , 470 , 471 , 120-B of Indian Penal Code, which was registered as Criminal Inquiry No.101 of 2010 before the learned Magistrate. That by order dtd. 15/9/2010, learned Magistrate was pleased to dismiss the complaint being Criminal Inquiry No.101 of 2010. That against the aforesaid order, complainant had preferred Revision before 2nd Additional Sessions Judge, Godhra being Criminal Revision Application No.128 of 2012 and learned Sessions Court vide order dtd. 5/5/2017, directed the learned Magistrate to register a complaint of the complainant and thereby allowed the Revision preferred by the complainant. Upon the aforesaid order and direction, learned Magistrate registered the Criminal Complaint being Criminal Case No.58 of 2018. That aforesaid Criminal Case being No 58 of 2018 was kept for recording of pre-trial evidence. That on 12 th September, 2022, learned Magistrate had dismissed the aforesaid complaint on the ground that complainant remained absent continuously and not interested to proceed further thereby acquitted the respondents- accused from the charges levelled against them.