Judicial discretion under Section 256 CrPC requires consideration of adjournment before dismissing a complaint for absence.

Section 256 CrPC cannot be invoked mechanically to dismiss a complaint and acquit the accused for the complainant's absence. The Magistrate must exercise judicial discretion by considering whether the complainant's presence was necessary on that date and whether adjournment or continuation of the case was appropriate. Where the order shows no such consideration and the dismissal is arbitrary, the exercise of power is improper. On that basis, the dismissal and acquittal were held unjustified, and the complaint was restored for continuation before the trial court.

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Issues: Whether the Magistrate was justified in dismissing the complaint and acquitting the accused under Section 256 of the Code of Criminal Procedure, 1973 when the complainant was absent before process had effectively proceeded and without considering whether adjournment or continuation of the case was appropriate.

Analysis: Section 256 of the Code of Criminal Procedure, 1973 is intended to prevent dilatory tactics and to protect the accused from harassment caused by the complainant's non-appearance, but the power to dismiss the complaint is not to be exercised mechanically. The Magistrate must apply judicial discretion, considering whether the complainant's personal attendance is necessary on that date and whether the matter should be adjourned instead of being terminated. Where the order does not show such consideration and the dismissal is made arbitrarily, the exercise of power is improper.

Conclusion: The dismissal of the complaint was unjustified and the order of acquittal was liable to be set aside; the complaint was directed to be restored and proceeded with in accordance with law.

Final Conclusion: The criminal appeal succeeded and the complaint was revived for fresh continuation before the trial court.

Ratio Decidendi: A complaint cannot be dismissed under Section 256 of the Code of Criminal Procedure, 1973 by a mechanical or arbitrary exercise of discretion; the Magistrate must first consider the necessity of the complainant's presence and the propriety of adjournment before acquitting the accused.

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