JOHRILAL Vs. RAMJILAL

JUDGEMENT

(1.) THIS is a complainant's appeal by special leave under Section 417 (3) of the cadet of Criminal Procedure against an order of the Additional Munsiff Magistrate, hindaun, dated 26th November, 1962, dismissing the complainant's case on account of his default in appearance and acquitting the accused under Section 247, Cri. P. C.

(2.) THE material facts are these. The appellant Johrilal made a complaint against respondents Ramjilal and four others under Sections 323 and 352 of the Indian penal Code on the 6th February, 1962. This case was registered on the 12th May, 1962. All the accused were served by the 3rd August, 1962. The statements of the accused were recorded on the 13th September, 1962, and the case was fixed for the complainant's evidence for the 19th October, 1962. On that date, four of his witnesses were examined; and two. more, namely Dr. T. N. Bhargava, the Medical officer, incharge of the dispensary at Hindaun, and the Station House Officer, hindaun, Shri Harprasad, remained to be examined. These were ordered to be summoned through the Court on that date for the 26th November, 1962. The complainant put in the requisite process-fees on the 20th October, 1962. On the 26th November, 1962, the case was called for hearing, but the complainant was found absent although his counsel Shri Omprakash was present. Thereupon the magistrate dismissed the. case and acquitted the accused under Section 247, Cri. P. C. against which order the present appeal has been filed in this Court.

(3.) I have heard learned counsel for the complainant and the learned counsel for the respondents and have come to the conclusion that this appeal must be allowed.