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Report No. 141

5.3. Resultant hardship and need for amendment.-

The present position as summarized above causes avoidable hardship and may result in the acquittal of persons who are really guilty, since in cases not covered by the proviso such acquittal follows as a mandatory consequence (unless the case is adjourned) on the non-appearance of the complainant. Prima facie, it seems that in cases where the complainant had a reasonable cause for not attending on the date of hearing, the magistrate should have power to set aside the acquittal and fix the matter for fresh hearing.

Need for amending the Law as regards to the Power of Courts to Restore Criminal Revision Applications and Criminal cases dismissed for Default in Appearance Back

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