THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No.2034 of 2010 ORDER: This criminal revision case is filed against the docket order dated 21.04.2010 passed in C.F.No.1859 of 2008 on the file of the Court of the Judicial Magistrate of First Class, Piler. Brief facts of the case are that on a private complaint filed by the petitioner-complainant and the same having been forwarded to the police under Section 156 (3) of Cr.P.C., the S.H.O., Bhakarapet Police Station, registered the case as Crime No.24 of 2006 for the offences punishable under Sections 211, 352 and 355 of I.P.C. against the 1st respondent-accused. Thereafter, after completion of investigation the Police referred the case as false. Subsequently the petitioner-complainant filed a protest petition requesting the Court below to take the complaint on file and to examine the complainant. Thereafter, after hearing the case, the Court below adjourned the matter for recording the sworn statement of the complainant. The matter underwent number of adjournments on the ground that the Presiding Officer was on leave. On 21.04.2010, the trial Court passed the following impugned order: “Complainant is absent. Hence, the complaint is dismissed”. Heard both sides. Since the matter is at C.F. stage and no cognizance is taken, the usual notice to the 1st respondent-accused is dispensed with. Learned Counsel for the petitioner-complainant contended that the absence of the complainant was neither willful nor intentional. He further submits that the matter was called on 21.04.2010 for the first time and on that date itself, the Court below dismissed the complaint. From a perusal of the material available on record, it is clear that the petitioner-complainant was never absent on earlier occasions and he was absent for the first time on 21.04.2010. In this view of the matter, this Court is of the view that the Court below ought not to have dismissed the said complaint without giving an opportunity of hearing to the petitioner-complainant. The Criminal Revision Case is accordingly allowed and the impugned order is set aside. The trial Court shall proceed with the matter in accordance with law. ________________________ (GOPALA KRISHNA TAMADA, J) 31-01-2011 Gsn.