ASSISTANT COMMISSIONER OF CUSTOMS Vs. M.AHAMED HUSSAIN

JUDGEMENT

(1.) THE Revision Petitioner/Complainant has preferred the instant Criminal Revision Petition as against the order dated 22.04.2010, passed in C.C.No.1228 of 1992 by the learned Judicial Magistrate No.1, Trichy in discharging the Petitioner/Accused from the main case under Section 245(2) of Cr.P.C.

(2.) THE Learned Judicial Magistrate No.1, Trichy while passing the orders in C.C.No.1228 of 1992 on 22.04.2010 has among other things observed that the present case has been filed against the Respondent/ Accused in the year 1992 and from that year onwards the said case is pending for 18 years without any progress and inspite of numerous notices sent, the Complainant has not appeared before the Court and also have not produced witnesses, which only exhibits that the Complainant is not interested to proceed with the case and further opined that the complaint has only been lodged against the Respondent/Accused by the Petitioner/Complainant and on behalf of the Complainant no witnesses have been examined in order to prove the charges levelled against the Respondent/Accused and consequently discharged the accused from the main case as per Section 245(2) Cr.P.C.

(3.) ADVANCING his arguments, it is the contention of the Learned Special Public Prosecutor for the Petitioner/Complainant (Department) that the Respondent/Accused has been absconding for 18 years and added further that for 52 hearing have not appeared before the trial Court. Furthermore, the Petitioner/Complainant filed the complaint against the Respondent/Accused under Section 190(1) read with proviso 200(a) of the Criminal Procedure Code, 1973 and under Section 135(1)(a)(i) of the Customs Act, 1962 read with Section 13(1) of the Foreign Exchange Regulations Act, 1973 as made applicable to Customs cases under Section 67 IBID read with 120 of the Indian Penal Code on 27.10.1992 and that the said complaint had been taken on file by the trial Court on 01.12.1992.