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Judgment
Milap Chandra, J.—This is a petition u/s 482, Cr.P.C. against the order of the learned Munsif, cum-Judicial Magistrate, Pipar City dated 09-09-92 by which he has refused to dismiss the complaint.
It is contended by the learned Counsel for the petitioner that it was obligatory on the part of the Munsif-cum-Judicial Magistrate to dismiss the complaint on 7-9-92 as on that day the complainant was not present in person.
In reply, it is contended by the learned Public Prosecutor that on 7-9-92 the complaint was filed, it was not obligatory for the complainant to appear in person on that day and on the next day i.e., 9-9-92 the complainant was present.
Admittedly, 7-9-92 was not the date fixed for the appearance of the accused as required u/s 256(1), Cr.P.C. As such the provisions of Section 256, Cr.P.C. were not attracted on 7-9-92. Thus there is no substance in the petition moved u/s 482, Cr.P.C.
Consequently, the petition moved u/s 482, Cr.P.C. is dismissed.