SAYEEDABEGAM Vs. DURGAPRASAD GANESHPRASAD SHARMA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The revision applicant, by this application, seeks to challenge the order passed by the learned First Ad-hoc/additional District Judge, Nagpur, dated 17-9-2004, in Sessions Trial No. 306/03, which reads thus -"the complainant and her counsel are absent. The accused are present. The complainant has not adduced the evidence. The process to call the witnesses is not paid. There is no evidence on record to frame the charge against accused persons. Therefore, accused persons are discharged. "

(3.) The revision applicant had preferred a complaint case bearing R. C. C. No. 295/92, in the Court of Judicial Magistrate, First Class, Ramtek, against the non-applicant Nos. 1 to 5 for the offences punishable under sections 120-B, 294, 395, 451, 452, 506 (2) read with section 34 of the Indian Penal Code. It is not necessary to go into the details of the contents of the complaint and the allegations. Suffice it to say that one of the offences therein was triable exclusively by the Court of Sessions. During the course of the proceeding of the said complaint case, complainant and her counsel remained absent. So once B. W. was issued and later on for her absence, the accused/non-applicant Nos. 2 to 5 came to be discharged as per order of the learned J. M. F. C. Kamptee dated 24-11-2000. This order was challenged in the Court of Additional Sessions Judge, nagpur. The said order was set aside. The proceeding continued for some time and the learned J. M. F. C. passed an order to commit the said case to the Sessions court vide his order dated 26-6-2003. The reasons for the said order were that one of the offence punishable under section 395 was exclusively triable by the court of Sessions and in the verification/statement of complainant and in the complaint, there are prima facie ingredients for the offence punishable under section 395 of Indian Penal Code and it was necessary to commit the case for trial of the abovesaid offence along with other sections, mentioned in the complaint. The copies of the complaint and other documents were directed to be supplied to the accused and the requirement of sections 207 and 208 of Criminal procedure Code were directed to be complied with. The Public Prosecutor was also notified of the said committal of the case to the Court of Sessions.