STATE OF RAJASTHAN Vs. ARVIND KUMAR

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant against the judgment dated 27.08.1996 passed by Special Judge, Essential Commodities Act, Sojat (hereinafter referred to as 'the trial court') in Criminal Case No.25/1995, whereby the trial court has acquitted the accused respondents for the offences punishable under Section 3/7 of Essential Commodities Act, 1955 (hereinafter referred to as 'the Act of 1955') while exercising powers under Section 256 Cr.P.C. Brief facts of the case are that the SHO, Police Station, Sojat City, District Pali had filed charge -sheet against the accused respondents in relation to the commission of offences under Section 3/7 of the Act of 1955 for the incident took place in the year 1983. The said charge -sheet was treated as complaint by the trial court under Section 11 of the Act of 1955.

(2.) During the course of trial, on 27.08.1996, none appeared on behalf of the complainant. The trial court while exercising powers under Section 256 Cr.P.C. has acquitted the accused respondents. The trial court has observed that as per the provision of Section 12AA(f) of the Act of 1955, when it was in force at the relevant time, the offences under the said Act are to be tried summarily and as per Section 262 Cr.P.C., the procedure specified in Chapter -XX of the Criminal Procedure Code for the trial of summons cases has to be followed. Section 256 of Chapter -XX of Cr.P.C. provides that if the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto, if the complainant does not appear, the Magistrate shall acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case for some other day.

(3.) Admittedly on 27.08.1996, none appeared on behalf of the complainant to pursue the complaint and the trial court has acquitted the accused respondents while exercising powers under Section 256 Cr.P.C.