GURDIAL SINGH Vs. GYANI KARNAIL SINGH

JUDGEMENT

(1.) THIS appeal by special leave is filed by Gurdial Singh whose complaint against the respondents was dismissed by the impugned order of the Chief Judicial Magistrate, Amritsar, dated 8th May, 1970 for his failure to appear when the case was called on 8th May, 1970.

(2.) THE appellant had filed a complaint against Giani Karnail Singh Assistant Sub -Inspector and three other police officials of Police Station, Majitha, under Sections 323, 504 and 342 of the Indian Penal Code on the allegations that he had been illegally detained and beaten by these persons. In this complaint after the preliminary evidence had been recorded the respondents were summoned by order dated 24th August, 1968. The presence of the accused could not be secured till November, 1969 when after their appearance the complainant was directed to produce his evidence on 18th December, 1969. On this date three of the complainant's witnesses were present but their statements could not be recorded as the trial Magistrate was to proceed on half day's leave. On the next date the witnesses did not appear but on the subsequent date one of the witnesses was examined while the statement of the second could not be recorded due to lack of time. The case was then adjourned to 13th March 1970. On this date, however, no witness appeared and it was adjourned to 10th April 1970. All the witnesses of the complainant appeared on this date but their statements could not be recorded as the Court time was over and the case was then adjourned to 8th May 1970. On this date by 11 A.M. the case was called a number of times but as the complainant did not appear it was dismissed for default.

(3.) FOR the reasons stated above, I accept this appeal and set aside the order of the Chief Judicial Magistrate, Amritsar, dated 8th May, 1970. I would direct that the case may proceed in accordance with law. The respondents through their counsel are directed to appear before the Court of the Chief Judicial Magistrate, Amritsar on 21st January, 1974.