K. Ahmed Meera Sahib Vs. Meeran Sahib - Court Judgment

Excerpt:
- - and the party does not wait, it cannot be said that the party has failed to appear within the mischief of section 247, criminal p.orderjackson, j.1. if a bench summons a person to appear on a certain day at 11 a. m. and the party appears and the bench does not sit till 2 p. m. and the party does not wait, it cannot be said that the party has failed to appear within the mischief of section 247, criminal p. c.2. the petition is allowed, the judgment and acquittal are reversed, and the case remanded to the bench of sembiam for re-trial.

Judgment:
ORDER

Jackson, J.

1. If a Bench summons a person to appear on a certain day at 11 a. m. and the party appears and the Bench does not sit till 2 p. m. and the party does not wait, it cannot be said that the party has failed to appear within the mischief of Section 247, Criminal P. C.

2. The petition is allowed, the judgment and acquittal are reversed, and the case remanded to the Bench of Sembiam for re-trial.