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BIBEK CHAUDHURI
Jayshankar Chaubey – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Bibek Chaudhuri, J. - Vokalatnama filed by Mr. De on behalf of the Private Respondent be taken on record.
a Short question is involved in the instant appeal. The accused was acquitted by the Trial Court under Section 256 of the Code of Criminal Procedure by an order dated 1st September, 2018. The said order of acquittal is assailed by the complainant in the instant appeal.
I have heard Mr. Saha and Mr. De appearing on behalf of the appellant and the respondent no. 2 respectively. Section 256 of the Code of Criminal Procedure states the circumstances for non-appearance or death of the complainant. The said provisions runs thus: -
256. Non-appearance or death of complainant. - (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or wh
The court has the discretion to either acquit the accused or defer the case for trial under Section 256 of the Code of Criminal Procedure, and compliance with mandatory provisions is necessary.
The duty of the Magistrate to apply judicial discretion and record findings justifying dismissal of the case under Section 256 of Cr.P.C. when the complainant is absent.
The main legal point established in the judgment is the requirement for judicial discretion before passing an order of acquittal under Section 256 of the Code of Criminal Procedure and the necessity ....
A Magistrate cannot acquit an accused under S.256(1) on any grounds other than the non-appearance of the complainant.
Power of Magistrate under Sec.256 Cr.P.C to acquit an accused should be exercised judicially, based on a definite conclusion that complainant no longer desires to prosecute complaint.
The court upheld the trial Court's acquittal under Section 256 due to the complainant's prolonged absence, emphasizing the necessity for diligence in prosecution.
The power of the Magistrate to acquit an accused under Sec.256 Cr.P.C should be exercised judicially, based on a definite conclusion that the complainant no longer desires to prosecute the complaint.....
The court emphasized the necessity of a complainant's presence in cases governed by Section 256 of the CrPC and the inappropriate dismissal of cases where evidence has already been presented.
The discretion to dismiss a complaint for non-prosecution under section 256 of the Code of Criminal Procedure should be exercised judiciously, and the presence of the complainant should be deemed nec....
The discretion to acquit a defendant due to the complainant's absence must be exercised judicially and fairly, and the court should ensure that the matter is decided on its merits.
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