Neutral Citation No. - 2025:AHC:114263 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.135) Court No. - 78 Case :- CRIMINAL APPEAL No. - 1940 of 1984 Appellant :- Ram Adhar Yadav Respondent :- Nirankar And Another Counsel for Appellant :- Sachindra Mohan Counsel for Respondent :- A.G.A.,M.W. Siddiqui,S.N. Shukla Hon'ble Anish Kumar Gupta,J. 1. List revised. 2. None appears on behalf of the appellant as well as the opposite party no.2 to press the instant appeal. 3. Learned AGA is present for the State. 4. The instant appeal has been filed against the judgment and order dated 14.06.1984 passed by the Corporation Magistrate, Varanasi acquitting the accused respondent no.1 herein for the offence punishable under Section 500 IPC. 2. This appeal arises out of a Complaint case and by the impugned order, four accused persons namely, Anand Bahadur Singh, Bir Bhadra Mishra, subhakar Dubey, Nirankar Singh and Hari Shanker Pandey had been convicted under Section 500 IPC and sentenced with fine of Rs. 1,000/- each and in default of payment of fine to undergo three months simple imprisonment. The respondent no.1 Nirankar Singh was acquitted for said offence. 3. From the reports received from the District Court, the record of the instant case is not available before the trial court and could not be searched out. As per the report dated 05.10.2016 received from the C.J.M. Varanasi, the appellant is not residing at the given address and has gone to reside at his village Kaushikpur, P.S. Mohammadabad, District Ghazipur, therefore, the notice could not be served upon him. Respondent no.1 also could not be served for want of proper address and the house number etc. 4. The instant appeal is filed against acquittal of the respondent no.1 and a complaint case lodged by the appellant herein for the offence under Section 500 IPC. Since the appeal is a continuation of trial of the complaint case lodged by the appellant herein, in view thereof, the provisions of Section 256 Cr.P.c. would be attracted in the instant appeal, which provides once the complainant or his pleader is not present to press the complaint, the same shall be dismissed. 5. In the considered opinion of this Court, the said principles would apply in the instant appeal against acquittal of respondent no.1 in a complaint case. Neither the appellant / complainant nor his counsel is present to press the instant appeal, in view thereof, the instant appeal is dismissed in the light of the provisions of Section 256 Cr.P.C. Order Date :- 15.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad