Ramesh, Appellant in Crl. A. 324, 327/99, Rajmal, Appellant in Crl. A. 328/99 vs Periyasamy, Respt in Crl. A. 324/99, Mohaboob Basha, Respt in Crl. A. 327/99 (Accused). Fathima Beevi, Respt in Crl. A. 328/99

A. Ramamurthi, J.—Heard, Appellants are the complainants in C.C. Nos. 101/98, 104/98 and 109/98 on the file of Judicial Magistrate No. 1, Tiruchi. All these three cases were dismissed on 29.1.1999 by the learned Magistrate on the ground that the complainant was absent and passed an order of acquittal u/s 256 of Cr.P.C. Aggrieved against this, these three appeals have been filed by the complainants.

The learned counsel for the complainant contends that in C.C. No. 104/98 and 109/98 some witnesses were examined and in C.C. No. 101/98 non-bailable warrant was pending for securing the accused. Under these circumstances the dismissal of the complainants is not proper and correct.

The learned counsel for the complainants also relied upon a decision of this Court reported in Kumaresan Vs. Girirajan, for the proposition that passing orders for the purpose of disposal and not supported by rhyme and reason, it is nothing but sacrifice of justice. Any exercise of discretion should be tempered by judicial conscience, reasonableness and must be with a touch of desire to alleviate sufferings of those who knock at the doors of Court. Dismissal of complaint within six months for non-appearance of complainant is condemned. This decision is applicable to the facts of the present case, on hand considering the fact that some of the witnesses were also examined in two cases and non-bailable warrant is pending against the accused in respect of one case, it is not proper on the part of the of the trial court to dismiss the three cases on one and the same day and there is no valid reason. In such circumstances the order of the trial court in all these three cases are set aside.

For the reasons stated above, all the appeals are allowed and the order of the trial court dated 29.1.1999 in CC Nos. 101/98, 104/98 and 109/98 are set aside and the learned Magistrate viz., Judicial Magistrate No. 1. Tiruchi is directed to restore all the three cases to file and dispose of the same in accordance with law within a period of four months.