A.Pratap Reddy vs M.Vinod Kumar
2023 Latest Caselaw 2470 Tel

          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

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

SKS,J Crl.A.No.564 of 2019

THE HON'BLE SMT JUSTICE K. SUJANA

CRIMINAL APPEAL No.564 of 2019

September 19, 2023

SAI