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CALCUTTA HIGH COURT
Prinsep, J., O Kinealy, J.
Govinda Dass - Appellant
Versus
Dulall Dass & Ors. - Respondent
Decided On : 04-09-1883
Criminal Procedure - Code of Criminal Procedure, 1882 - Sections 253, 259 - Dismissal of Warrant Case due to Complainant's Absence
Fact of the Case:
The complainant attended with witnesses on the first day fixed for trial, but the case was postponed due to the inability of the accused, a police officer, to attend. On the rescheduled date, only the accused appeared, and the Magistrate dismissed the case.
Finding of the Court:
The court held that the Magistrate was not competent to dismiss the warrant case due to the complainant's absence, as per the provisions of Sections 253 and 259 of the Code of Criminal Procedure, 1882.
Issues: Whether the Magistrate was competent to dismiss the warrant case due to the complainant's absence.
Ratio Decidendi: The court interpreted Sections 253 and 259 of the Code of Criminal Procedure, 1882, and concluded that in warrant cases not compoundable, the Magistrate is not competent to dismiss the case due to the complainant's absence, except under the last clause of Section 253, which was not applicable in this case.
Final Decision: The case must be tried, and the Magistrate should have admitted the accused to bail and enforced the attendance of the complainant and witnesses.
JUDGMENT
Prinsep and O'Kinealy, JJ. - We think that the Magistrate was not competent in this case--a warrant case not compoundable--to dismiss it because the complainant was absent.
2. It appears that on the day first fixed for the trial the complainant attended with his witnesses, but in consequence of the inability of the accused, a Police officer, to attend, it was postponed, the complainant and witnesses being bound over to attend on the day to which the trial had been postponed. On that day the accused alone appeared, and the Magistrate dismissed the case. Having regard to the terms of Section 259 we are of opinion that in warrant cases not coming within that section, except under the last clause of Section 253, which is not applicable, a Magistrate is not competent to pass an order of dismissal, or discharge in consequence of the absence of the complainant. The Magistrate should, in the case before us, have admitted the accused to bail, and as the complainant and his witnesses had given recognizances for their appearance, he should have enforced their attendance.
3. The case must, therefore, be tried.
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