BHANUPRATAP SINGH Vs. NAROTTAM MISHRA & ANR

JUDGEMENT

(1.) The instant petition under section 482 of Cr.P.C. assails the final order dated 13.09.2010 by which the complaint case No. 104/2010 filed under section 200 of Cr.P.C. alleging offence punishable under section 125 of Representation of Peoples Act, 1951 against the respondent No. 1 has been dismissed due to non presence of the complainant.

(2.) It is pertinent to mention here that immediately after dismissal of the complaint case on 13.10.2010 on the very same date an application under section 256 of Cr.P.C. was moved showing the alleged reasonable cause of the complainant being seriously unwell for restoring the criminal complaint to its original number. The trial court considered both these applications on the very same day, and rejected them on the ground that despite calling out the name of the complainant thrice, none appeared thereby impelling the trial court to dismiss the criminal complaint under section 256 of Cr.P.C. due to non-appearance of the complainant.

(3.) Per contra, learned counsel for the respondent contends that the present petition under section 482 of Cr.P.C. is not maintainable since dismissal of criminal complaint resulted in acquittal of the accused as per section 256 (1) of Cr.P.C. against which Code of Criminal Procedure provides the remedy of appeal under section 378 (4) of Cr.P.C. which read thus :-