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Apren Joseph Alias Current Kunjukunju & ... vs The State Of Kerala on 1 September, 1972

13. It is pertinent to note that in Joseph v. State of Kerala (cited supra) the Magistrate exercised the power under Sec.256 Cr.P.C. when the case was posted for judgment. It admits of no doubt that the presence of the complainant was not required or essential on that date since the evidence required to be produced on the side of the complainant had already been produced. On such a hearing date after the evidence was adduced, the presence of the complainant was not at all necessary. Therefore, the order of acquittal passed by the learned Magistrate in that case invoking Sec. 256 (1) Cr.P.C. was Crl.AppealNos.448/2011 & 232of2012 10 illegal.
Supreme Court of India Cites 12 - Cited by 551 - I D Dua - Full Document
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