https://www.taxtmi.com/caselaws?id=303100 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. en-us Fri, 13 Oct 2000 00:00:00 +0530 Mon, 04 Jul 2022 17:13:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303100 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. Case-Laws Indian Laws Fri, 13 Oct 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303100