Case Note & Summary
The appellant, Dagu s/o Mohan Gudghe, filed a private complaint before the Judicial Magistrate (First Class), Kopargaon, alleging that on 14-5-2006 at about 10 a.m., the respondents (original accused) came to his house and assaulted him, his brother, mother, and wife. The police authorities did not take his complaint, so he filed S.T.C. No. 362/2006 on 18-5-2006. The Magistrate, after recording verification, dismissed the complaint in default on 17-7-2008, acquitting the accused for offences under Sections 323 and 506 read with Section 34 of the Indian Penal Code. The appellant challenged this order in the High Court. The High Court noted that the appellant was absent on the date of dismissal because his advocate was ill, and the Magistrate did not consider this reason. The court held that the dismissal was improper and that the complaint should be restored for hearing on merits. The appeal was allowed, the impugned order was set aside, and the complaint was restored to its original number. The parties were directed to appear before the Magistrate on 20-2-2012.
Headnote
A) Criminal Procedure Code - Dismissal of Complaint in Default - Section 256 CrPC - Restoration of Complaint - The appellant's complaint was dismissed in default by the Magistrate due to absence of complainant, who was unable to attend because his advocate was ill. The High Court held that the dismissal was improper as the Magistrate did not consider the reason for absence and the complaint should be restored for hearing on merits. (Paras 1-4) B) Indian Penal Code - Assault and Criminal Intimidation - Sections 323, 506 read with Section 34 IPC - Private Complaint - The complainant alleged that the accused assaulted him and his family members on 14-5-2006. The complaint was filed after police refused to take action. The High Court restored the complaint for trial. (Paras 2-4)
Issue of Consideration
Whether the learned Judicial Magistrate was justified in dismissing the complaint in default and acquitting the accused when the complainant was absent due to his advocate's illness.
Final Decision
Appeal allowed. Impugned order dated 17-7-2008 set aside. Complaint S.T.C. No. 362/2006 restored to its original number. Parties directed to appear before the Judicial Magistrate (F.C.), Kopargaon on 20-2-2012.
Law Points
- Dismissal of complaint in default
- Restoration of complaint
- Private complaint
- Section 256 CrPC
- Section 323 IPC
- Section 506 IPC
- Section 34 IPC
