I. D. Dua C. J. and T. V. R Tatachari J.

( 1 ) THIS is an acquittal appeal in a case started on a private complaint by Modh. Yamin complainant appellant. The impugned order was passed by Shri A. C. Kher, Magistrate 1st Class, Delhi, on 10th February 1966 and reads as under : -

"the complainant Mohd. Yamin is absent today. It is 11. 15 A. M. and he has been called thrive but ha is absent. The accase I are, therefore, acquitted in accordance with provisions of section 247 Cr. P. C. as the case standing trial before this Court is of section 323, 1. P. C. , which is a summons case. The file may be consigned to record room. "it is obvious that there is no mention of the fact whether or not the accused persons were present on the date of hearing when they were acquitted on account of the absence of the complainant.

( 2 ) THE complaint under sections 323, 324, 325, 323 and 452, Indian Penal Code, was filed on 30th January. 1965, against two accused persons Zafar Mohammad and Mohd. Akal, in which it was alleged that accused No. 1 had beaten the complainant mercilessly after using fifthy language because of a customer having come to the complainant s shop after visiting the shop of the said

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