YEDURUPARTHI KAMAKSHAMMA Vs. T TARANADH

JUDGEMENT

(1.) Sri K. V. Ramana Rao, the learned Counsel for the petitioner, contends that the order passed bv the lower Court is not in accordance with the provisions of section 245, Criminal Procedure Code.

(2.) The circumstances under which the order was passed are as follows: The complainant was not present on 2nd February, 1978 to which date the case was posted for continuation of the examination of the complainant. Previously the complainant was examined in part in chief, But on 2nd February, 1978, the complainant could not attend the Court and sent a petition for the reasons mentioned therein for adjournment. In the petition for adjournment it was stated that her grandmother died on 24th January, 1978 and the ceremonies would be performed on that day at another place i.e., at Repalle village and hence she and her relatives had to go to that place and she could not therefore attend the Court. The lower Court dismissed that petition. But it did not stop there, It passed an order as follows:

(3.) I do not think that this order is in accordance with the provisions of section 245, Criminal Procedure Code. The Court with one hand dismissed the petition for adjournment and with another hand held that the complainant had no evidence and the prosecution was therefore closed, and as there is no evidence, the accused are discharged under section 245. Criminal Procedure Code. Section 245. Criminal Procedure Code, does not contemplate that the Court can take the power to close the prosecution against the will of the complainant who was prepared to proceed with the prosecution by giving evidence and also examining the witnesses. Merely because the comnlainant was absent, it does not mean that the complainant has no evidence or the complainant is not prepared to examine his witnesses. It is only after the evidence let in bv the complainant and also the evidence adduced by his witnesses is found to he unsatisfactory or does not make out any prima facie case to proceed further the Court has to discharge the accused. Section 245 Criminal Procedure Code does not sav that even if the comnlainant could not examine himself or his witnesses for valid reasons, the Court is empowered to close the prosecution and discharee the accused.