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april 2008

Supreme Court of India · 2008-04-29

S. Rama Krishna vs S. Rami Reddy (D) By His Lrs. & Ors

Citation / case number
AIR 2008 SUPREME COURT 2066
Court
Supreme Court of India
Petitioner
S. Rama Krishna
Respondent
S. Rami Reddy (D) By His Lrs. & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that under Section 256 of the Code of Criminal Procedure, a Magistrate may acquit an accused if the complainant is absent and the case cannot be adjourned. The Court found that the High Court erred in setting aside the acquittal order, emphasizing that the absence of the complainant and their heirs for numerous hearings justified the Magistrate's decision. The Court upheld the acquittal of the appellant, reinforcing the principle that cases should not be decided on technicalities but on merits, while also recognizing the necessity of prosecuting cases diligently.

S. Rama Krishna vs S. Rami Reddy (D) By His Lrs. & Ors · Niyam