Complaint dismissal for non-appearance is unwarranted when complainant evidence is recorded and the case can proceed on existing evidence.

A complaint should not be dismissed solely because the complainant is absent if the complainant's evidence has already been recorded and the matter can proceed on the existing record. The proviso to Section 256(1) of the Code of Criminal Procedure permits the Magistrate to dispense with the complainant's attendance where personal presence is unnecessary, including at the stage of defence evidence. In such a situation, the court should consider whether the case can be decided on merits and whether any pending application under Section 311 can still be dealt with. The complaints were therefore not liable to be dismissed merely for non-appearance.

---

---

Issues: Whether complaints could be dismissed for non-appearance of the complainant when the complainant's evidence had already been recorded and the case had reached the stage of defence evidence and consideration of an application under Section 311 of the Code of Criminal Procedure, 1973.

Analysis: The proviso to Section 256(1) of the Code permits the Magistrate to dispense with the complainant's attendance and proceed with the case where personal attendance is unnecessary. That situation may arise where the complainant's evidence has already been recorded and the matter can be decided on the existing record. Where the prosecution evidence is closed and the case is at the stage of defence evidence, the complainant's absence by itself does not compel dismissal. The Court found that the courts below did not consider whether the matter could proceed on merits on the basis of the evidence already on record and whether the application under Section 311 could be dealt with notwithstanding the complainant's absence.

Conclusion: Dismissal of the complaints merely for non-appearance of the complainant was unjustified, and the proceedings were required to continue on the existing record.

Ratio Decidendi: When the complainant's evidence has already been recorded and the case can proceed on the existing record, the Magistrate may dispense with the complainant's attendance under the proviso to Section 256(1) and should not dismiss the complaint solely for non-appearance.

---