Ranjit Sarkar vs Ravi Ganesh Bhardwaj 2025 INSC 415 - S. 256 CrPC
Code of Criminal Procedure 1973- Section 256 - What assumes importance for invoking Section 256, Cr. PC is the purpose for which the case is fixed- If the date is not appointed for appearance of the accused but for some other purpose, acquittal of the accused does not necessarily follow as the logical result of absence of the complainant. Also, the words “on any day subsequent thereto” must be understood in reference to the words preceding, namely, “the day appointed for the appearance of the accused”. Say, for instance, if a date is fixed by the magistrate for bringing an order from a superior court or for showing cause why an order of dismissal should not be passed for continuous absence of the complainant or for producing any material, which is not intrinsically connected with any step towards progress of the lis, and the complainant is found to be absent, a dismissal of the complaint can be ordered but the provision for acquitting the accused may not be attracted unless it happens to be the date appointed for appearance of the accused and they do appear personally or through an advocate; also, without the magistrate recording a clear acquittal along with the order of dismissal of the complaint, acquittal need not be read into every such order of dismissal of a complaint owing to absence of the complainant. (Para 19)
