SAU KASABAI Vs. SAU CHANDRABHAGABAI

JUDGEMENT

(1.) HEARD learned respective Counsel for the parties, finally.

(2.) THIS is an appeal preferred by the appellant (original complainant) challenging the order of acquittal dated 14th July 2010, rendered by the learned Judicial Magistrate (First Class), Phulambri (District : Aurangabad), in Regular Criminal Case No. 499/2008, thereby dismissing the complaint filed by the complainant and acquitting the accused i.e. respondent nos.1 to 7 herein, for the offences punishable under Sections 447, 379, 427, 504, 506, read with Section 34 of Indian Penal Code.

(3.) IT is submitted that the the accused persons had preferred an application Exhibit 32 on 18-10-2006, under Section 239 of the Code of Criminal Procedure, for discharge. Moreover, the matter was also placed for evidence before the charge. However, no order was passed on Exhibit 32 for discharge till dismissal of the complaint. Thereafter, it appears that the complainant remained absent on 9-2-2010, 15-6-2010 and on 14-7-2010, and hence, following order came to be passed on 14-7-2010 :