Challenging the order acquitting the accused under Section 245(2) Cr.P.C, the present Criminal Revision Case has been filed.
2.I have heard Mr.Sathish Kumar, learned counsel appearing for the petitioner and perused the materials available on record carefully. There is no representation for the respondents.
3.The petitioner is complainant in a private complaint, filed under
Section 200 of Cr.P.C. The court below has also taken cognizance and taken the matter on file and issued summons to the accused. The occurrence said to have taken place on 24.04.2003. Earlier, based on a complaint given by the petitioner before the respondent police, a crime was registered against the accused and final report has been filed for the offence under Section 324 of I.P.C only against two accused. Thereafter, for including the remaining accused, the present private complaint has been given by the petitioner for the offences under
Sections 324,452,325 and
506(ii) I.P.C. Even though the matter has been filed in the year 2007, the petitioner/complainant did not examine himself as a witness and also not examined any other witness for nearly 6 years, despite sufficient opportunities have been given to the petitioner. On 15.10.2009, when the matter was posted for trial, the petitioner/complainant did not appear. In the above circumstances, left with no other option, the Court below discharged all the accused under
Section 245(2) Cr.P.C.
4.As the petitioner is not diligent in prosecuting the case and dragging the case and not even examined any witness for nearly six years on his side, in the said circumstances, the court below, having left with no other option, passed the order. I find no illegality or irregularity in the order passed by the court below. Hence, this Revision Case is liable to be dismissed.
5.In the result, this Criminal Revision Case is dismissed.
To The Judicial Magistrate, Uthamapalayam, Theni District.
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