JUDGMENT

Dated this the 23^rd day of February, 2026 This appeal has been filed under Section 419 (4) of the Bharatiya Nagarik Suraksha Sanhita , 2023, by the appellant, who is the complainant in C.C.No.1551/2017 on the files of the Judicial First Class magistrate Court-I, Attingal, and the prayer herein is as under:

To set aside the Order dated 12.7.2024 in C.C.No.1551/2017 of the Judicial First Class Magistrate Court-I, Attingal in the interest of justice.

2. Heard the learned counsel for the appellant/complainant and the learned Public Prosecutor. Though vakalath was filed for the 1^st respondent, there is no representation.

3. The order impugned in C.C.No.1551/2017 on the

12.07.2024 reads as under:

“2. Several opportunities already granted for evidence. The case stands posted for evidence from 2022 onwards but till date no evidence is adduced. No application filed for complainant. The case cannot be proceeded with without the presence of the complainant. This court is satisfied that the complainant is not desirous of prosecuting the case and hence the complaint is dismissed for want of prosecution.”

4. In such a scenario, the learned counsel for the appellant/complainant sought interf