B SANTOSH KUMAR Vs. Y NARSIMULOO

JUDGEMENT

(1.) This appeal, under Section 374(2) of Cr.P.C., is filed by the appellant/complainant, challenging the order, dated 03.06.2009, passed in C.C.No.645 of 2008, by the Judicial Magistrate of First Class, Tandur, Ranga Reddy District, whereby, the private complaint filed by the appellant/complainant under Section 200 of Cr.P.C. before the Court below, was dismissed.

(2.) Heard the learned counsel for the appellant/complainant, the learned counsel for the respondent/accused and perused the record.

(3.) The learned counsel for the appellant/complainant would contend that the appellant/complainant was suffering from ill-health and hence, he could not attend the Court below. The Court below erroneously dismissed the subject complaint observing that the appellant/complainant has no interest in prosecuting the matter and ultimately prayed to set aside the order under challenge and restore the subject complaint to the file of the Court below.