Gulzarilal Rai vs Ramdheen Singh and Others

Kundan Singh, J.—Heard learned Counsel for the parties.

This revision is directed against the order dated 16.2.1984 of Special Judge (Dacoity), Jhansi whereby the Criminal Complaint Case No. 15 of 1982 under Sections 395, 452, 323, 220, 504 and 506, I.P.C., P.S. Barua Sagar, District Jhansi has been dismissed in default of the complainant.

The learned Counsel for the applicant submitted that learned Judge has no jurisdiction to dismiss the complaint case wherein the cognizance has been taken by the officer concerned in a case u/s 395 and others I.P.C. The submission of the learned Counsel for the applicant has substance inasmuch as a case exclusively triable by Court of Session has to proceed with in accordance with procedure laid down in Chapter XVIII of Code of Criminal Procedure, even in absence of the complainant the learned Judge has no option except to compel the witnesses for their evidence in court. The court is empowered to dismiss a complaint in default only in a trial of a summons case u/s 256, Code of Criminal Procedure No case exclusively triable by Court of Session, or triable by a Magistrate as warrant case, where the cognizance of offence has been taken, can be dismissed in default. The learned Judge has committed error on the face of record in dismissing in default, in the absence of the complainant, the complaint case triable by the Session''s Court.

Accordingly the revision is allowed and the order of the learned Special Judge dated 16.2.1984, dismissing the complaint case is set aside. The learned Sessions Judge is directed to proceed with the case in accordance with law.