SANATAN ROUT Vs. SAGARI DEI AND ANR.

JUDGEMENT

(1.) THIS is a complainant's appeal against the order dated 16 -2 -1967 passed by a 2nd Class Magistrate at Bhadrak acquitting the accused persons under Section 247, Code of Criminal Procedure due to complainant's absence from the Court on the aforesaid date.

(2.) THE impugned order was passed in a Summons Case instituted on complaint on 2 -3 -1966. On 16 -2 -1967 the complainant, for the first time, remained absent from the Court on grounds of illness, and on that date a petition supported by a medical certificate was filed on his behalf praying for an adjournment of the case, enabling him to be present in Court on the next date along with his witnesses. The defence filed an affidavit stating that the plea in the complainant's petition for his absence from Court was incorrect and untrue. The Court below then passed the impugned order as follows:

(3.) IN the aforesaid order the Magistrate did not record any specific order rejecting the complainant's petition for an adjournment filed on that date. It is evident from the last sentence of the aforesaid order that the Magistrate was labouring under an impression that it was obligatory on his part to acquit the accused as he found the complainant absent from the Court on the above mentioned date fixed for the hearing of the case, without any consideration of any other aspect of the matter.