Judicial discretion under Section 256 of the Code of Criminal Procedure

requires the trial magistrate to act with prudence, care, and fairness before invoking the harsh measure of dismissing a summons-case complaint for the complainant's non-appearance. The statutory power conferred on a magistrate to dismiss a complaint or acquit an accused due to non-attendance is discretionary and must not be exercised mechanically upon a single or unexplained default. The court is duty-bound to examine whether the presence of the complainant was strictly essential on that specific date of hearing, whether summons or process had reached an advanced stage, or whether an adjournment would have served the ends of justice without causing undue prejudice to the accused. An abrupt termination of proceedings without granting reasonable indulgence amounts to an arbitrary exercise of statutory discretion warranting interference by superior courts. (Yatendra Singh Vs State of U.P. & Another | 2026 INSC 109)