SYED SADIQ ALI HUSSAINI Vs. SHEIKH VAZIR PATEL

JUDGEMENT

(1.) This is a petition under section 482 of the Code of Criminal Procedure, wherein the applicant is invoking inherent jurisdiction of this Court to set right an order of Judicial Magistrate, First Class, dated 21-8-1979, in Criminal Case No. 10764/1978.

(2.) The brief facts are, that the petitioner had filed a complaint case under section 500 of the Indian Penal Code, against non-applicant No. 1 which was duly registered as Criminal Case No. 10764/1978 before the Judicial Magistrate, First Class, Amravati. It appears that it was adjourned to 21-9-1979 for the appearance of the accused. However, the case was taken up by the learned Magistrate one month in advance on 21.8.1979, apparently through some error. Naturally the complainant was absent on the said date and the learned Magistrate was pleased to pass an order under section 256 of the Code of Criminal Procedure, acquitting the accused, as the complainant was absent on the appointed day.

(3.) The petitioner thereafter appeared on the appointed date i. e. 21st September, 1979 and filed an application seeking restoration of the case. This remedy was obviously wrong inasmuch as, regular order of acquittal having been passed by the learned Magistrate, the complainant had the remedy to prefer an appeal against acquittal. Surprising as it is, the learned Magistrate realised his mistake and restored the case to file and again issued summonses to the accused.