GULZARI LAL RAI Vs. RAMDHEEN SINGH SUB INSPECTOR

JUDGEMENT

(1.) Heard learned Counsel for the parties. 2, This revision is directed against the order dated 16-2-1984 of Special Judge (Dacoity), Jhansi whereby the Criminal Complaint case No. 15 of 1982 under Sec tions 395,452,323,220,504 & 506,i. P. C. P. S. Barua Sagar, District Jhansi has been dis missed in default of the complainant. 3. The learned Counsel for the ap plicant submitted that learned Judge has no jurisdiction to dismiss the complaint case wherein the cognizance has been taken by the officer concerned in a case under Sec tion 395 and others I. P. C. The submission of the learned Counsel for the applicant has substance inasmuch as a case exclusively triable by Court of Sessions has to proceed with in accordance with procedure laid down in Chapter XVJ1i of Cr. PC. even in absence of the complainant the learned Judge has no option except to compel the witnesses for their evidence in court The court is empowered to dismiss a complaint in default only in a trial of a & immun case under Section 256, Cr. P. C. No case ex clusively triable by Court of Sessions, or triable by a Magistrate as warrant case, where the cognizance of offence has been taken, can be dismissed in default. The learned Judge has committed error on the face ol record in dismissing in defauli, in the absence of the complainant, the complaint case triable by the Sessions Court. 4. Accordingly th-5 revision is allowed and the order of the learned Special Judge dated 16-2-1984, dismissing the complaint case is set aside. The learned Sessions Judge is directed to proceed with the case in ac cordance with law. Revision allowed. .