Discretion under Section 256 CrPC must not be used mechanically for isolated absence; complaint restored after dismissal was found unjustified.

Section 256 CrPC confers a discretionary power to dismiss a complaint for non-appearance, but that discretion must be exercised with regard to the stage of proceedings and whether the complainant's presence is truly necessary. A complaint should not be dismissed mechanically for absence on isolated dates, especially where the matter has already progressed and less drastic options such as adjournment or costs are available. On these facts, dismissal was held unjustified, the order was set aside, and the complaint was restored for continuation from the stage of filing the complainant's affidavit.

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Issues: Whether the complaint could be dismissed under Section 256 of the Code of Criminal Procedure, 1973 for the complainant's absence on two dates, and whether the dismissal order deserved to be set aside and the complaint restored.

Analysis: The complaint was at the stage of filing of the complainant's affidavit in examination-in-chief. The complainant's absence was limited to two dates, while the matter had otherwise progressed and the Magistrate had earlier exercised discretion by cancelling the warrant and adjourning the case. The power under Section 256 is discretionary and must be exercised with regard to the stage of the proceeding and whether the complainant's presence is genuinely necessary. A mechanical dismissal merely because the complainant was absent on two dates was held to be hasty. The Court found that a less drastic course, including adjournment or imposition of costs, was available.

Conclusion: The dismissal of the complaint under Section 256 was unjustified. The order was set aside and the complaint was restored, with costs imposed on the complainant.

Final Conclusion: The appeal succeeded, the complaint was revived, and the matter was remitted to the trial court for continuation from the stage of filing of the complainant's affidavit.

Ratio Decidendi: The discretionary power to dismiss a complaint for non-appearance should not be exercised mechanically where the complainant's absence is not persistent and the case can fairly proceed by granting a further opportunity.

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