Code of Criminal Procedure, 1973–Secs. 319 & 232–Trial Court directed that the application u/s. 319 shall be decided after the cross-examination of PW 1, 2 & 3–Thereafter, the prosecution witnesses repeatedly continued to either absent themselves or file adjournment applications and only insisted on deciding the application u/s. 319 and, thereafter, the trial proceeded–The complainant has no such mandatory right to insist that the application be decided in such a manner–Even the Public Prosecutor had not supported the complainant’s counsel in filing the application u/s. 319–The role of the complainant in a trial does not permit it to act as a Public Prosecutor–Trial Court was correct in proceeding u/s. 232 Cr.P.C. and accordingly acquitting the accused, treating it to be a case of no evidence–Application u/s. 319 was also rightly rejected–Impugned order of remand passed by High Court deserves to be set aside.
