GOVINDA CHANDRA Vs. RADHAKANTA

JUDGEMENT

(1.) This is an appeal against the order of acquittal dt. 30-3-84 passed by Sri M.M. Ghosh, Judicial Magistrate, 2nd Court, Barrackpore, in case No. C 292 of 1981/T under S.323, Penal Code, acquitting the accused respondents under S.256, Cr.P.C. The facts briefly are as follows :-

(2.) The complainant filed a petition of complaint against the accused respondents under S.323, Penal Code. The process was issued against the accused respondents and at examination of the accused respondents under S.251, Cr.P.C. the accused pleaded not guilty to the charge, the trial proceeded. The evidence of all the witnesses were examined and after examination of the accused respondents under S.313, Cr.P.C., the learned Magistrate fixed 30-3-84 for hearing argument. On that date the complainant remained absent, and on repeated calls took no steps. As all the accused persons were present, the learned Magistrate found from the conduct of the complainant that he was not eager to proceed with the case. With these observations the learned Magistrate acquitted the accused respondents under S.256, Cr.P.C., on the ground of absence of the complainant on the date fixed for hearing arguments of the parties.

(3.) Being aggrieved by the above order of acquittal, the present appeal has been preferred by the complainant on obtaining special leave.