ALLABUX Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The facts of this appeal are that appellant Allabux filed a complaint in the court of the Munsiff Magistrate First Class, Jodhpur under section 323 and 504 I P. C. that on 5-3-68 at about 7 p. m. he was abused and beaten by Jabar accused in the chowk in front of the house of the appellant situated in Khandia kot, Jodhpur. The learned Magistrate took cognizance under section 323 Indian Penal Code and recorded the plea of the accused and the accused pleaded not guilty. The learned Magistrate then recorded the evidence of Allabux PW 1, Poonam Singh PW 2 and Abdul Gafoor PW 3.

(2.) On 25-8-71 the case was adjourned to 1-9-71 for recording the statement of the accused but on the latter date the learned Magistrate dismissed the complaint and acquitted the accused and consigned the file to records. As soon as the order was made the lawyer of the complainant appeared before the learned Magistrate, a note of which is found in the order-sheet.

(3.) The same day Alla Bux made an application that he had taken ill and gone to the hospital and that is why he could not come in time to the court. He also filed an affidavit in support of his application. The learned Magistrate made an order on the application that the Court had no power to revive the complaint. Hence, this appeal.