Miss Fala Fatima is accused of certain offences and is being tried under the Criminal Procedure Code. Miss Tamanna is the complainant. Based on her complaint, the magistrate summoned Miss Fala Fatima to the court. On the

As per Section 256 (1) of the Criminal Procedure Code, 1973, (CrPC) if summon has been issued on a complaint, and on the day appointed for the appearance of accused, or any day subsequent thereto on which the hearing may be adjourned, the complainant does not appear, the Magistrate may take any one of the following steps: a. He may acquit the accused. b. He may adjourn the case to any other day. c. He may dispense with the personal attendance of the complainant and proceed with the case. In our case, Miss Fala Fatima, being the accused, did not appear as per summons, and the facts of the case do not mention about the failure on part of Miss Tamanna, i.e., the complainant and therefore the Magistrate has no power to acquit the accused in the given situation. Hence, the acquittance of Miss Fala Fatima is incorrect as per CrPC provisions.