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TMI Blog2007 (12) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... on payment of process fee. Though the petitioner has taken up the proceedings before the learned Magistrate, the present petition to quash the proceedings has been filed before this Court on certain technical grounds. 3. Learned Counsel for the petitioner, at the first instance, has referred to the docket entries/endorsements made by the learned Magistrate on various dates. On 03.04.2003, the learned Magistrate made the following endorsement on the complaint made before him: Check and Call on 10.4.2003, and, on 10.4.2003, the following endorsement came to be made, Complainant called absent. Hence complaint is dismissed for default. That being so, subsequently, by making the following entry, Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as only to the effect, Check and Call on 10.04.2003 and on 10.4.2003, at the time when the complainant was called for further proceedings, she was absent and therefore, the learned Magistrate dismissed the complaint for default and it does not mean that the Magistrate had applied his mind to the allegations made in the complaint and passed a judicial order so as to constitute the status of a final order. At best, the endorsements dated 03.04.2003 and 10.04.2003 must be construed as office endorsements. Subsequently, the complainant appeared on 24.04.2003 and made an endorsement to substantiate her presence, whereupon, the learned Magistrate restored the complaint to his file on the same day and after recording her sworn statement, issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses and also by the Magistrate. Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses: (a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under Section 192; Provided further that if the Magistrate makes over the case to another Magistrate under Section 192 after examining the Complainant and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strate may dispense with his attendance and proceed with the case, (2) The provisions of Sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death. 9. Section 256 Cr.P.C is the only provision which deals with dismissal of a complaint leading to acquittal of the accused and it will be applicable only after the complaint is taken on file and summons are issued to the accused and on the day appointed for the appearance of the accused, on his/her appearance and if the complainant does not appear, the Magistrate shall acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day. The object of the provision is that Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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