JAI PRAKASH SHARMA Vs. JAGDAMBA PARSAD

JUDGEMENT

(1.) THE appellant Jai Parkash Sharma had filed a private complaint against the respondents Nos. 1, 2 and 3 for the alleged offences punishable under Sections 323 and 506 of the Indian Penal Code, in the Court of the Magistrate First Class, Bilaspur. The incident which is referred to in the complaint is said to have taken place about six years ago, i. e. on 6th October, 1973 at 10-30 A. M. According to the complainant, respondents 1, 2 and 3 had caught him and had given "blows on his body with an electric-type hunter".

(2.) AFTER the process was issued, the matter came up before the learned Magistrate on 18-12-1973 when the complainant Jai Parkash was present in person and the respondents Nos. 1 and 3, Jagdamba Prasad and Mata Prasad, were also present in person. However, the respondent No. 2 Shakti Prasad was not present and the summons which was issued to him was also not received back, served or unserved. The court, therefore, ordered that fresh address of respondent Shakti Prasad be filed and he may be summoned on the next date which was fixed for 7th January, 1974.

(3.) THE matter was taken up for hearing on 7-1-1974 when the court found that the complainant was not present, nor his Advocate was present. The court made the following proceedings on 7-1-1974: Present: Jagdainba Prashad and Mata Prashad accused with Shri D. S. Kutal, Advocate. The case has been called thrice. It is 11-00 A. M. now. The complainant is not present, nor his counsel. The case is, therefore, dismissed for default of the complainant, under Section 247, Cr. P. C. and the accused are acquitted.