DAULAT RAM Vs. RAM KISHAN

JUDGEMENT

(1.) THIS petition under Section 561-A of the Code of Criminal procedure must be dismissed on the short ground that the learned Magistrate was justified in dismissing the complaint under Section 247 of the Code of Criminal procedure.

(2.) THE facts of the case are simple and not in dispute. Daulat Ram petitioner presented a complaint in the Court of a Magistrate of the 2nd Class against four persons under Sections 417, 506 and 454 of the Penal Code. The learned magistrate took preliminary evidence, summoned the accused persons recorded the statements of witnesses framed a charge under Section 448 of the penal Code against Bam Kishan accused, ordered the discharge of the remaining three accused Persons and forwarded the case to the Additional District Magistrate for transferring the case to a Court of competent jurisdiction. On 22-4-1957 the Additional District Magistrate returned the records to the trial court for dealing with the case. On 9-5-1957 the trial court issued a notice to the complainant to appear before him on 23-5-1957. He failed to appear on that date and the Court accordingly directed that the complainant and his counsel should be asked to appear in Court on 10-6-1957. On this latter date the complainant did not appear and notices were issued to him to appear on 1-7-1957. On 1-7-1957 the complainant was not present in Court either in person or through counsel and the trial Court accordingly passed an order directing that the file be consigned to the Record Boom. The complainant is dissatisfied with the order and has come to this Court under Section 561-A of the Code of Criminal Procedure.

(3.) SECTION 247 of the Code of Criminal Procedure is in the following terms: