ANARBIBI Vs. HABIBUR RAHAMAN
HIGH COURT OF CALCUTTA
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(1.) THIS is an appeal by the complainant against an order dated April 15, 1976 passed by the learned judicial Magistrate, 7th Court Alipore acquitting the accused persons under section. 256 of the Code of Criminal procedure (hereinafter referred to as the Code) of the offence under section 427 of the Indian Penal Code.
(2.) THE complainant appellant filed a petition of complaint against the respondents on november. 7, 1974 in the court of the Sub-Divisional Judicial Magistrate,. Alipore. After examination of the complainant the learned Magistrate took cognizance and issued summons. against the accused persons under section 427 of the Indian Penal Code. Three of the accused persons namely, respondent no. 1, 2 and 4 appeared on July 8, 1975 and thereafter on September 13, 19,75 accused Ibrahim (respondent No. 3)also appeared. The accused persons were released on bail. The case was fixed on april 15, 1976 for examination of the accused persons under section 251 of the Code On that date the complainant was found absent on repeated calls and no petition was filed on her behalf. The learned Magistrate accordingly acquitted the accused persons under section 2s6 of the Code holding that the complainant appeared not to be interested.
(3.) BEING aggrieved by the said order the appellant has preferred the present appeal. Mr. Dhar learned Advocate for the appellant has contended that the record would show that the appellant was attending the court regularly. Her absence on the relevant date, namely, on April 15, 1976, was due to circumstances mentioned in the petition/of appeal. Mr. Dhar submits further that on april 15, 1976 the appellant duly at ended Court but she was told by per lawyer and his clerk not to enter the Court room but remain outside and as such she was sitting in a tea shop Subsequently, she was told by her lawyer to go home and she went home. She came to learn on or about April 20, 1976 that the case had been dismissed by the learned judicial Magistrate. Appellant thereupon applied for certified copy of the order and has preferred this appeal. Mr. Dhar argues that mere absence of the appellant on April 15, 1976 does not justify the acquittal of the accused persons under section 256 of the Code when it is seen that she was attending the court regularly. Next contention of Mr. Dhar is that on April 15, 1976 the accused persons were to be examined under section 251 of the Code and as such the appellant had nothing to do on that day. The learned Magistrate, according to mr. Dhar, was not justified in the circumstances of the present case in acquitting the accused persons under section 256 of the Code.;
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