The learned counsel representing the complainant files his hazira. The learned Govt. pleader representing the State of Assam, one of the parties in the instant cases, files his hazira too.

Heard learned counsel from both sides. Perused the case record. It appears that the case is posted today for evidence. But no witness turns out today. Rather, a petition is moved by the learned counsel representing the complainant seeking adjournment on the ground that the complainant is now suffering from a health-related ailment. No medical document is submitted in support of his plea. Upon closer perusal of the case record, it appears that on 22/05/2010, issues were settled and the case was brought to the stage of evidence, but complainant till this date has failed to examine even one single witness in support of his case. He has been repeatedly filing adjournment petition and adjournment has been liberally granted. Finally, on 14/03/2012, on the basis of the past conduct of the complainant, he was given last chance to lead evidence in support of his case. But that order was not complied with. Subsequently, on the following date, one more date was given in favour of the complainant to produce his witnesses. This time too, he failed. On the last date, he was again given chance so that justice can be attained. But not a single witness has appeared today. From this conduct, on the part of the complainant, it is apparent that he is not more interested in proceeding with his case and it has been dragged unnecessarily. It is futile to grant adjournment date after date without any strong basis only at the instance of the complainant to facilitate him from all sources. This cannot be continued endlessly. Hence, having found no merit, the petition filed today stands rejected and the case is dismissed for default of the complainant to produce his witness and fro non-prosecution.