SANTOSH KUMAR KEYAL Vs. DURGA DUTTA BISWANATH

JUDGEMENT

(1.) This criminal petition, filed under Section 482 Cr.P.C. read with Article 227 of the constitution of India, is directed against the order, dated 07.06.2012, passed by the learned Sub-Divisional Judicial Magistrate (Sadar), Sivasagar, in CR Case No. 158/2010, whereby the learned SDJM(S), while reviewing the order, dated 29.05.2012, passed by him, under Section 256 Cr.P.C., set aside the order of acquittal passed in favour of the accused person, hereinafter called the petitioner and restored the complaint aforesaid to file.

(2.) Mr. P.K. Sharma, learned Counsel, appearing for the respondents, referring to the decision, held in the case of Mohd. Azeem , has submitted that in view of the judgment and order, passed by the Supreme Court, in the said case, the learned SDJM committed no error by setting aside the order of dismissal of the complaint and restoring the same to file. It is also submitted that, as there is no provision of filing of second complaint, the respondent i.e. the complainant, had no other alternative but to approach the trial Court for restoration of the complaint to file and as such, the learned SDJM rightly restored the complaint to file.

(3.) Having heard the learned Counsel, appearing for both the parties and considering the impugned orders, I find that the complaint case was fixed on 29.05.2012, for evidence. On the said date, the learned SDJM (S), Sivasagar, due to absence of the complainant, dismissed the case, under Section 256 Cr.P.C. and acquitted the complainant by passing the Mowing order: