RADHAKRUSHNA DAS Vs. MRUTUNJAYA DAS

JUDGEMENT

(1.) This appeal is preferred against the order dated 4-1-1985 passed by Judicial Magistrate First Class, Jaleswar in I.C.C. No. 89 of 1982 acquitting the accused persons (the present respondents) of the charges under Sections 448 134 and 427 134, I.P.C. under Section 256, Cr. P.C.

(2.) The impugned order dated 4-1-1985 is quoted below :

(3.) Under Section 256, Cr. P.C., when the complainant is absent, the Court can proceed in either of the three ways : (i) it may acquit the accused or (ii) adjourn the case or (iii) proceed to hear the case under the proviso if the complainant is represented by an advocate or by the officer conducting the prosecution or if the personal attendance of the complainant is not considered necessary. An order under Section 256 of the Code of Criminal Procedure, which operates as a final order barring a fresh complaint should be passed after proper application of mind and sound exercise of judicial discretion. Each case has to be examined in its own context to determine as to whether there has been proper exercise of the discretion vested in the Court.