RASU RANGANATHAN AND ANOTHER Vs. SANKARAGIRI SWAMIGAL

JUDGEMENT

(1.) The short point involved in this case is whether a Magistrate who has acquitted the accused under S.256 Cr.P.C. for the absence of the complainant, can restore to file the same complaint even for a valid reason.

(2.) Facts briefly are as follows:- The respondent filed a complaint against the petitioners for an offence under S.500 I.P.C. The same was taken on file by the Judicial First Class Magistrate, Karaikal, as S.T.R.893/83. On 24-9-1983 the Chief Judicial Magistrate, Pudukottai without notice to the respondent, withdrew the above case to his file. Challenging the withdrawal, the respondent filed Crl.R.C.8/83 in this court and the same was allowed on 23-9-86. The case went back to the Judicial First Class Magistrate, and re-numbered as S.T.R.3/87. On 22-3-1987, the learned Magistrate acquitted the petitioners under S.256 Cr.P.C. for the absence 01 the respondent/complainant. The latter filed Crl.M.P.346/87 to take up the case for further proceedings and to fix a date for examination of the witnesses. The learned Magistrate under the impugned order, set aside the acquittal of the petitioners, under S.256; Cr.P.C. on the ground that after the revision had been disposed of by this court the date of hearing had not been intimated to the respondent and it was only the petitioners who had been bound over to appear before the trial court and as such the acquittal under S.256, Cr.P.C. was illegal. Challenging the above order and contending that the learned Magistrate has no power to set aside his earlier order of acquittal - under S.256 Cr.P.C. the petitioner have filed this revision.

(3.) Thiru Desappan, learned counsel for the petitioners would contend that the trial court not being invested with any inherent powers and there being no provisions in the Criminal Procedure Code empowering the learned Magistrate to set aside an acquittal, the impugned order is illegal and is liable to be set aside. According to learned counsel, the order passed by the learned Magistrate on 22-3-87 acquitting the petitioners under S.256, Cr.P.C. could be set aside only by a higher forum and not by the learned Magistrate himself.