THE HON'BLE SMT JUSTICE K. SUJANA
CRIMINAL APPEAL No.564 of 2019
JUDGMENT:
Aggrieved by the Judgment and decree dated 19.02.2018 passed by the learned XXIII Special Magistrate, Hyderabad in C.C.No.423 of 2017, the present Criminal Appeal is filed.
2. Heard the learned counsel on behalf of the appellant as well as the learned Public Prosecutor appearing on behalf of respondent No.2.
3. Learned counsel for the appellant submitted that on 19.02.2018 the trial Court dismissed the complaint stating that the complainant was absent; no representation on behalf of the complainant from 10:30 AM to 1:00 PM, the accused was present along with his counsel. The case is coming for trial. The presence of complainant is essential. Therefore, the complainant is not showing any interest in prosecuting the case and hence, the complaint is dismissed.
4. Aggrieved by the said order, the appellant/complainant filed a Revision vide Crl.R.P.No.140 of 2018 and the same was also dismissed by the learned Sessions Judge stating that the complainant absconded himself at the stage of commencement of trial, and the trial Court noted that the complainant presence was 2 SKS,J Crl.A.No.564 of 2019 essential and even as there was no representation, the trial Court came for conclusion that the complainant was not evincing any interest in prosecuting the case and dismissed the complaint under Section 256 of Cr.P.C. and therefore, the Criminal Revision is also not maintainable.
5. Learned counsel for the appellant submitted that the counsel for the complainant in the trial Court wrongly noted the date as 21.02.2018 instead of 19.02.2018 because of mistake of the counsel, the complainant was not present before the trial Court.
6. As seen from the record, the trial Court recorded the presence of the complainant on the previous occasions and dismissed the complaint only the appellant was not present before the Court on one occasion.
7. Therefore, to give fair opportunity to the appellant the present Criminal Appeal is allowed and the matter is remanded back to the trial Court. Appellant is directed to cooperate with the Court for disposal of the complaint.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
______________ K.SUJANA, J DATE: 19.09.2023 SAI 3 SKS,J Crl.A.No.564 of 2019 134 THE HON'BLE SMT JUSTICE K. SUJANA CRIMINAL APPEAL No.564 of 2019 September 19, 2023 SAI