CHUNILAL Vs. BIKASH

JUDGEMENT

(1.) This revision petition arises from an order dated 20 March 1982 of the learned Sessions Judge, Cachar passed in Criminal Motion No. 64(4) of 1981 setting aside the order dated 23 November 1981 passed by the Judicial Magistrate of the 2nd Class, Siichar in C.R. Case No. 2113 of 1981.

(2.) Facts of the case may briefly be stated. On 23 November 1981, the date fixed for hearing of the case, the complainant was absent. Therefore, the learned Magistrate dismissed the complaint and discharged the accused persons under Sec. 249, Cr. P.C. The learned Magistrate, later on, passed another order which runs in the following terms:

(3.) Mr. B. K. Acharyya, the learned counsel for the petitioner, has contended that, first, the learned Sessions Judge ignored Sec. 465, Cr. P.C. Secondly, it is only when the complainant did not appear at all during the Court hours, on the day of hearing, the learned Magistrate could exercise his power under Sec. 249, Cr. P.C.