UGAM RAJ Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482, Cr. P.C. against the order of the learned Munsif, cum-Judicial Magistrate, Pipar City dated 09-09-92 by which he has refused to dismiss the complaint.

(2.) It is contended by the learned counsel for the petitioner that it was obligatory on the part of the Munsif-cum-Judicial Magistrate to dismiss the complaint on 7-9-92 as on that day the complainant was not present in person.

(3.) In reply, it is contended by the learned Public Prosecutor that on 7-9-92 the complaint was filed, it was not obligatory for the complainant to appear in person on that day and on the next day i.e., 9-9-92 the complainant was present.