- (1.) INSTANT criminal revision has been filed by the State of U.P. challenging the order dated 24.12.1992 passed by the learned Additional 7th Additional District and Sessions Judge, Lucknow by which he has allowed the revision filed by the respondent Manjeet Singh challenging the order dated 7.8.1992 passed by the learned Chief Judicial Magistrate, Lucknow and the matter was remanded back to the learned Chief Judicial Magistrate, Lucknow for deciding it afresh in accordance with law.
(2.) THE brief fact of the case is that Excise Inspector has filed several complaints against several accused persons. The Excise Inspector did not appear on several dates, then application under Section 256 Cr.P.C. was moved by the opposite party for acquitting him. After hearing the accused, the learned Magistrate rejected the application. Feeling aggrieved, criminal revision was filed and this revision was allowed and impugned order dated 7.8.1992 was quashed and the matter was remanded back to the Magistrate to decide the matter afresh. Feeling aggrieved, this criminal revision has been filed by the State.
(3.) HEARD Shri Sharad Dixit, learned AGA for the revisionist and perused the record. No one has appeared from the side of respondent. After going through the arguments advanced by the learned AGA, it will be apt to reproduce Section 256 Cr.P.C., which is as follows: - "256. Non - appearance or death of complainant. - - (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub - section (1) shall, so far as may be, apply also to cases where the non - appearance of the complainant is due to his death.;