The court may set aside dismissal for want of prosecution to allow further evidence when justice necessitates such an opportunity.

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 interference with the impugned order and prayed that the appellant/complainant, being a senior citizen, be granted one more opportunity to adduce evidence in the matter.

5. Even though the complaint was dismissed, which is equivalent to an order of acquittal under Section 256 of the Code of Criminal Procedure , 1973, as the complainant failed to adduce evidence, in the interest of justice and to provide one more opportunity to the appellant/complainant, the impugned order is hereby set aside and the matter is remanded back to the Judicial after affording one more opportunity to the appellant/complainant to adduce evidence.

6. Needless to say, the accused also to be given opportunity to defend the case. The appellant/complainant is directed to appear before the Judicial First Class Magistrate Court-

I, Attingal, on 16.03.2026.

Registry is directed to forward a copy of this judgment to information and compliance.

Sd/-