Case Note & Summary
The appellant, Smt. Prema Ramanand Hattangadi, filed a private complaint in 1984 against respondent no.2 and two others for offences under Sections 500, 501, and 502 of the Indian Penal Code (defamation). The trial court issued process on 9th March 1984. On 13th December 1985, the accused pleaded not guilty. One accused died on 5th August 1988, and the case abated against him. The complainant's evidence began on 18th November 1988 and continued on 2nd December 1988, after which the matter was adjourned multiple times due to the absence of one or both parties. Ultimately, on 18th June 1993, the trial court observed that the complainant and her advocate had been absent since 22nd January 1993, indicating lack of interest, and dismissed the complaint under Section 256 of the Code of Criminal Procedure, 1973, acquitting both accused. The appellant sought special leave to appeal under Section 378(4) CrPC, which was granted on 21st July 1995, but only against respondent no.2. At the hearing, the appellant's counsel submitted that the complainant was now 88 years old and unable to proceed. The High Court found no error in the trial court's order and dismissed the appeal.
Headnote
A) Criminal Procedure - Dismissal of Complaint for Non-Appearance - Section 256 CrPC - Acquittal - The trial court dismissed a private complaint for defamation under Sections 500, 501, 502 IPC due to the complainant's persistent absence since 22nd January 1993. The High Court held that the trial court's order was justified as the complainant showed no interest in prosecution, and the appeal was dismissed. (Paras 1-5)
Issue of Consideration
Whether the trial court was justified in dismissing the complaint and acquitting the accused under Section 256 of the Code of Criminal Procedure, 1973 due to the complainant's non-appearance.
Final Decision
Appeal dismissed. The order of the trial court dated 18.06.1993 dismissing the complaint and acquitting the accused under Section 256 CrPC is upheld.
Law Points
- Section 256 CrPC
- dismissal for non-appearance of complainant
- acquittal
- private complaint
- defamation
- Sections 500
- 501
- 502 IPC
- appeal against acquittal
- Section 378(4) CrPC
Case Details
2012 LawText (BOM) (03) 96
Criminal Appeal No.410 of 1995
Mrs. V. V. Thorat for Appellant, Mrs. P. H. Kantharia APP for Respondent No.1 State, Mr. Prakash Naik for Respondent No.2
Smt. Prema Ramanand Hattangadi
1. State of Maharashtra, 2. Smt. Shashi Shrivatsava
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Nature of Litigation
Appeal against acquittal in a private complaint for defamation
Remedy Sought
Appellant sought to challenge the trial court's order dismissing the complaint and acquitting the accused under Section 256 CrPC
Filing Reason
Complainant alleged defamation under Sections 500, 501, 502 IPC
Previous Decisions
Trial court dismissed complaint and acquitted accused on 18.06.1993 under Section 256 CrPC due to complainant's non-appearance
Issues
Whether the trial court was justified in dismissing the complaint under Section 256 CrPC for non-appearance of the complainant
Submissions/Arguments
Appellant's counsel submitted that the complainant is now 88 years old and unable to proceed with the case
Ratio Decidendi
The trial court's dismissal under Section 256 CrPC for non-appearance of the complainant was justified as the complainant showed no interest in prosecution, and no error was found in the order of acquittal.
Judgment Excerpts
By the present Appeal, the Appellant-Original Complainant in Case No.10/S of 1984 ... has challenged the order dated 18.06.1993 passed under Section 256 of the Code of Criminal Procedure, dismissing the said case and acquitting Respondent No.2( original accused no.1) and co-accused in the said case.
Ultimately, on 18th June, 1993 the trial Court observed that the appellant/complainant and her advocate were absent and they were not attending the Court since 22nd January, 1993 and as such she was not interested in prosecution of the accused.
Procedural History
1984: Private complaint filed. 9.3.1984: Process issued. 13.12.1985: Accused pleaded not guilty. 5.8.1988: One accused died, case abated. 18.11.1988 & 2.12.1988: Complainant's evidence recorded. Multiple adjournments until 14.5.1993. 18.6.1993: Trial court dismissed complaint under Section 256 CrPC. 21.7.1995: Special leave to appeal granted. 9.3.2012: High Court dismissed appeal.
Acts & Sections
- Code of Criminal Procedure, 1973: 256, 378(4)
- Indian Penal Code, 1860: 500, 501, 502
