STATE OF HARYANA Vs. MANSA RAM

JUDGEMENT

(1.) This appeal by the State of Haryana is directed against the order of Shri Ram Saran Dass Bhatia, Judicial Magistrate First Class, Ambala City, dated 30th May, 1969, whereby he dismissed the complaint against the respondent who was prosecuted under Section 12 (1) of the Punjab New Capital (Periphery) Control Act, 1952 , solely on the ground that the complainant was absent. The date on which the complaint was dismissed was fixed for the appearance of the accused. Though the accused appeared, the complainant, who in this case was Director, Town and Country Planning and Deputy Commissioner (Periphery), Chandigarh, happened to be absent. The Public Prosecutor Mr. Balbir Singh, however, represented him. The learned Magistrate dismissed the complainant by his order, which reads thus:

(2.) The learned Assistant Advocate-General Mr. H. N. Mehtani appearing for the State urges that the learned Magistrate should have applied his mind to see if he should grant exemption of appearance to the complainant even if there was no written, prayer before him and when the complainant was represented by the Public Prosecutor, and that the dismissal of the complaint, which had been preferred by a busy public servant, on the day which was fixed for the appearance of the accused was neither warranted by the provisions of Section 247, Criminal Procedure Code nor justified by the circumstances of the case. In this connection, he has placed reliance upon the Division Bench decision of this Court in State V. Gurdial Singh, 1961 AIR(P&H) 77 to which one of us was a party. On adverting to the provisions of Section 247, Criminal Procedure Code, under which the Magistrate in the instant case has acted, and after considering the case law on the point the Division Bench ruled that the Magistrates dealing with the summons cases are not to dismiss a complaint merely because the complainant happens to be absent, but they should apply their mind to the facts of each case and in fit cases dispense with the attendance of a complainant and proceed with the trial so that justice be done to the parties. Dealing with Section 247 of the Code of Criminal Procedure, it was further observed as follows:-

(3.) In that case the complaint which was dismissed had been instituted by the Registrar of Companies and adverting to this fact it was observed: