STATE OF GUJARAT Vs. DHIRAJLAL PRANSHANKAR BHATT

JUDGEMENT

(1.) The State being aggrieved by pass disposal by acquitted in 96 Criminal Cases 4as preferred these appeals and contended the the learned Chief Judicial Magistrate has gravely erred in doing so merely because the compliant-Factory Inspector was not present on that day especially when on all previous occasions he was personal and witnesses were also present on several dates. It is also submitted that the complaint B public servant was transferred and therefore he had sent a telegram and another person Mr. Parekh was present in the Court on that day. On behalf of the respondents learned Counsels have submitted that under Sec. 256 of the Code of Criminal Procedure the learned Magistrate has the jurisdiction and discretion to pass such an order and the learned Magistrate has given reasons for dismissing the complaint. Section 256 of the Code of Criminal Procedure reads as under:

(2.) The learned Counsels for the respondents have submitted that the language of Sec. 256(1) makes it clear that if the complainant does not appear the Magistrate shall notwithstanding anything before contained shall acquit the accused unless for some reasons be thinks it appear to adjourn the hearing of the case to some other day. The record of this case shows that there were clearly 42 dates almost on all occasions. the complainant was present. Rarely the complainant was absent or adjournment was sought. It is seen from the rojnama to on many occasions the witnesses summons were served and the witness were present and yet the matters have been adjourned because of:

(3.) In the grounds of appeal it is mentioned that another officer Mr. Parekh was present on that day. But there is nothing on record to show that he seas present. But there is no dispute that the complainant was not present on that due as he was transferred. It was a good growled and sufficient cause for the complainant to remain absent on that day and the interest of justice required having regard to the facts of the case as narrated earlier that the learned Magistrate ought to have adjourned the hearing to some other day.