Decided on August 20,2007

STATE Respondents


- (1.) This appeal has been preferred against the order dated 5.11.2005 where by the complaint of the appellant was dismissed for non-appearance on the ground that the complainant even did not appear on the previous date of hearing and no exemption application has been moved on behalf of the appellant.
(2.) A perusal of the record would show that pre-summoning evidence was completed in this case by complainant on 14.8.2005 and cognizance of offence was taken by the learned MM on the same date. An order for issuance of summons to accused returnable for 24.5.2005 was also made. On 24.5.2005 accused did not appear while complainant was present in the Court and learned MM ordered for issuance of bailable warrants for accused and fixed date as 20.10.2005. On 20.10.2005 the case already stood transferred from one MM to other MM by an administrative order without notice to the complainant. None appeared on that date before Court, no notice was issued by the transferee MM after receiving the case on transfer to the complainant or the accused and the next date was fixed ECHO is on. as 5.11.2005. On 5.11.2005 none appeared for complainant and the complaint was dismissed.
(3.) It is stated in the grounds for appeal that one Manish KeJriwal, an employee of the appellant, was looking after the complaint cases. Mr.Kezriwal left the services of petitioner without informing the progress of the case to the appellant. The appellant could not come to know either of the transfer of the case or of dismissal of the case and learnt about the dismissal only in July 2006, when he made enquiries from Mr.KeJriwal who told that he was not aware of the state of the case since he left the service. It is pleaded that since the complainant was not informed of the transfer of the case from one Magistrate to another Magistrate and the employee of the complainant who was looking the case has also left the service, the complainant could not appear before the Court.;

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