SK BASED ALI Vs. SOHORAB ALI

JUDGEMENT

(1.) This revision petition is directed against the order dt/- 26-8-86 passed by the learned Sub-Divisional Judicial Magistrate, Malda which has been affirmed by the learned Sessions Judge, Malda in Criminal Revision No. 20 of 1985.

(2.) The facts of the case are briefly as follows :-

(3.) The present petitioner filed a petition of complaint before the learned Sub-Divisional Judicial Magistrate, Malda Case No.194-C of 1983. After the process was issued against the accused opposite party, the case was fixed for evidence on 3-7-84. The complainant did not however produce witnesses on that date as well as on subsequent dates. On 30-4-85, the learned S.D.J.M. allowing the application for adjoumment fixed 26-8-85 for evidence and directed that if the complainant failed to examine the witnesses on that day, the accused persons would be discharged. On 26-8-85, again, a petition was filed on behalf of the complainant alleging that he could not bring witnesses because of incessant rain and adjournment was sought for. Learned Magistrate rejected the application and on holding that the petitioner was not producing the witnesses as he had no witness to prove his case and therefore the charge is groundless, he discharged the accused.