SHRI HENKHOPAO HAOKIP Vs. SHRI POUJANGLUNG GONMEI

JUDGEMENT

(1.) This appeal is directed against the order dated 16.1.2014 passed by the Addl Sessions Judge (FTC) Manipur West, Imphal in S.T.Case No.2 of 2013 whereby and whereunder case was dismissed on the ground of its non prosecution.

(2.) Before adverting to the submissions advanced on behalf of the parties, the case of the complainant-appellant needs to be taken notice of.

(3.) Mr.Serto T.Kom, learned counsel appearing for the appellant submits that since case has been dismissed on account of its non prosecution it amounts to acquittal of the respondents and thereby the complainant has preferred this appeal. Learned counsel further submits that though the case was pending since long, but it could not be prosecuted in absence of Addl. P.P and this fact has also been noted by learned Sessions Judge in some of his orders and reason for non attendance of the Addl. P.P was that Addl P.P namely, Smt Masana E.Panmei, upon being entrusted with this case reported on 15.1.2014. But on the very next date the case was dismissed on account of its non prosecution, which order, in the facts and circumstances certainly suffers from illegality and thereby the impugned order is fit to be set aside.