Bombay High Court at Goa upholds the appellant’s rights to present his complaint
Title: Manjunath K. Mudyar v. Mary Noronha
Decided on: September 14, 2023
Citation: 2023 SCC OnLine Bom 1978
CORAM: HON’BLE JUSTICE PRAKASH D. NAIK
Facts of the Case
The applicant had filed a complaint for offence under Section 143, 147, 427, 447, 504, 506(ii) read with 149 of Penal Code, 1860 against the respondents. The learned Magistrate observing that there is no prima facie material to frame charge against the accused for offences acquitted the accused. Advocate for appellant submitted that the impugned order is contrary to provisions of law primarily on the ground that applicant was absent on few occasions. It was submitted that the complainant could not remain present before the trial Court on account of communication gap with his lawyer. The applicant relies upon the affidavit filed by the advocate representing him before the trial Court wherein it is stated that he could not attend the proceedings and also stated that his diary could not be updated.
Court Analysis and Judgement:
It was argued by the respondents that in the absence of any evidence led by the complainant, the learned Magistrate has rightly observed that prima facie there is no material to frame charge against the accused. There is no infirmity in the order. They relied upon the case of Mettu Krishna Reddy v. State of Telangana where the accused were discharged as the complainant was not present. The Court however held that in the interest of justice, the complainant can be given an opportunity to pursue the proceedings. Although the Trial Court is not precluded from discharging the accused at the stage of Section 245(1) or 245(2) of Cr. P.C., but the order should reflect application of mind. Considering all these circumstances, the matter was remanded back to the trial Court for fresh consideration by setting aside the impugned order.
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Written by- Reema Nayak
