STATE OF U.P. Vs. CHANDRA BHAN

JUDGEMENT

(1.) THIS is an appeal by the state against the order dated March 15, 1971 of the sub-Divisional Magistrate, Deoband Saharanpur, dismissing the complaint filed by the sugercane Inspector-cum-Assistant Sugar Commissioner, Saharanpur, November 6, 1970 under section 247 of the Code of Criminal Procedure, 1898 because as mentioned in the impugned order, the complainant was absent on certain dates fixed in the case for the appearance of the accused and for hearing.

(2.) THE relevant facts are that the complainant Shri S. S. Negi having been duly empowred by the District Magistrate formally filed the complaint according to law. The complaint was regarding non-compliance with provisions of the U. P. Sugercane (Regulation of Supply and Purchase) Act 1953 and the rules framed thereunder. It was based on facts said to have been discovered during an inspection by the then Sugarcane Inspector-cum-Assistant Sugar Commissioner Shri A. G. Verma not appear, the notwithstanding on the 29th of November, 1969. The complainant appears to have succeded Shri Verma who did the actual inspection and merely filed the complaint, Shri Negi, as appears from the facts narrated, had nothing to do with the facts mentioned in the complaint.

(3.) THOUGH from a reading of the first part of the section it appears that in a case covered by section 247 Cr. P. C., the Court should automatically dismiss a complaint if the complainant is found to be absent on the day appointed for appearance of the accused or any day subsequent thereto to which the hearing may be adjourned, a perusal of the entire section including the proviso clearly shows that under certain circumstances the Court need not dismiss a complaint merely because the complainant was absent on the relevant day.