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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XX

OF THE TRIAL OF CASES BY MAGISTRATES

Non-appearance of complainant
 
 
 
 
247. If the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything herein before contained, acquit the accused, unless for some reason he thinks proper to adjoin the hearing of the case to some other day:
 
 
 
 
Provided that, where the complainant is a public servant and his personal attendance is not required, the Magistrate may dispense with his attendance, and proceed with the case.

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