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february 2008

Supreme Court of India · 2008-02-14

S. Anand vs Vasumathi Chandrasekar

Citation / case number
AIR 2008 SUPREME COURT 1296
Court
Supreme Court of India
Petitioner
S. Anand
Respondent
Vasumathi Chandrasekar
Author
S.B. Sinha
Bench
S.B. Sinha, V.S. Sirpurkar

Judgment text excerpt

The Supreme Court held that under Section 256(1) of the Code of Criminal Procedure, a Magistrate must acquit the accused if the complainant fails to appear without sufficient cause. The Court found that the High Court erred in interfering with the Magistrate's discretionary power to acquit the accused based on the complainant's prolonged absence. The appeal was allowed, reinstating the acquittal of the appellant by the Metropolitan Magistrate due to the complainant's absence.

S. Anand vs Vasumathi Chandrasekar · Niyam