Dismissal of Complaint--Absence of Complainant--Acquittal Under Section 256 CrPC Impermissible Where Accused Has Not Appeared Before Court
Section 256 of the Code of Criminal Procedure contemplates acquittal of an accused who is before the court, not when absconding from trial. Dismissal of a complaint and acquittal solely on account of the complainant's absence is impermissible where the accused has not appeared. The provision applies only when the accused is present and the stage of the hearing requires the complainant's presence.
