Acquittal Is Necessary Consequence Of Dismissal Of Complaint For Default, Restoration Proceedings Barred
Case: Ghulam Rasool Mughal V Gh. Ahmad Hajam
Coram: Justice Sanjay Dhar
Case No.: CRMC No.250/2018
Court Observation: “…it is clear that if a Magistrate chooses to dismiss a complaint because of non-appearance of the complainant, he has to acquit the accused meaning thereby that acquittal of the accused is a necessary consequence of the dismissal of complaint in default of appearance of the complainant.”
“Since the dismissal of complaint by the learned trial Magistrate for non-appearance of the complainant amounted to judgment of acquittal of the accused, therefore, it was not open to the learned learned trial Magistrate to review the said order in view of the statutory bar contained in Section 369 of the J&K Cr. P. C. Order dated 19.04.2017 [the restoration order] is , therefore, without jurisdiction and is not sustainable in law,”
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