STATE OF GUJARAT Vs. KESHAVRAM SHIVRAM DEVMURARI

JUDGEMENT

(1.) N. H. BHATT J. This is the suo motu revisional proceedings initiated by the High Court. One Keshavram Shivarm had filed a criminal case No. 1555 of 1975 in the Court of the Metropolitan Magistrate IInd Court Ahmedabad for offences under secs. 323 504 and 506 of the I.P.C.

(2.) The complainant was examined as a witness and so were examined his two witnesses and the ease thereafter was adjourned to some other date for examination of a Doctor to prove the alleged injuries on the person of the complainant. On that adjourned date of hearing the com- plainants lawyer and the witness - the Doctor - were present but the complainant had not remained present. The lawyer for the complainant offered to examine the Doctor and to go ahead with the proceedings but the learned Magistrate dismissed the complaint on account of the absence of the complainant and acquitted the accused. The matter came to the noticed of the High Court and the above proceedings have been initiated.

(3.) The original accused is present in person and says that he has talked with some advocate who is going to appear for him and on that ground he sought adjournment. There is no reason for me to adjourn the matter in which no allegation has been levelled against the original accused Moreover he did not disclose what lawyer he contented. I have therefore turned down the oral prayer made by the original accused to adjourn the proceedings.