MAHENDRA KUMAR BARIK Vs. DWIJABAR BARIK

JUDGEMENT

(1.) The complainant has preferred this appeal against the order dated 24-12-1985 passed by the S.D.J.M., Jagatsinghpur in I.C.C. Case No. 118 of 1984, dismissing for default the complaint petition filed in the case and acquitting the accused persons (the present respondents) under Section 256(1), Cr. P.C.

(2.) The fact giving rise to the appeal, may be briefly stated, thus : The complaint case was posted to 6-12-1985 for hearing. On that day, the Presiding Officer was on casual leave and the file was put up before the Munsif. The accused persons were absent and a petition under Section 317, Cr. P.C. filed on their behalf was allowed. A hazira was filed on behalf of the complainant and the counsel for the accused persons submitted before the Munsif that it was a false hazira, when the case was posted to 19-12-1985 for consideration of the hazira. On 19-12-1985, the learned Magistrate heard the counsel in the matter of the hazira filed on 6-12-1985, and passed the impugned order on 24-12-1985 dismissing the complaint petition and acquitting the accused persons under Section 256(1), Cr. P.C.

(3.) None appeared for the respondents at the time of hearing.