PURNIMABEN Vs. STATE OF GUJARAT AND OTHERS

JUDGEMENT

(1.) Though notice is duly served, no one appears for and on behalf of respondent-State.

(2.) This is an appeal preferred against the judgment and order of the trial Court being the Court of learned 3rd Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Vadodara, whereby the Court had acquitted the accused respondent by passing the judgment and order under section 256(1) of the Criminal Procedure Code on 11.02017.

(3.) As can be noticed from the judgment impugned that on the ground of constant absence of the complainant, the Court has exercised the powers under section 257 read with section 204(4) of the Code of Criminal Procedure, while so doing it has referred to the decision of this Court passed in Criminal Appeal No. 2405 of 2009 and the decision of the Apex Court rendered in the case of Criminal Appeal NO.755 of 2008, wherein the Court opined that when the complainant is not conscious or aware and chooses to remain absent constantly, the Court can invoke such power of dismissal of complaint and, hence such exercise has been done.