SHANKAR RAO Vs. BHIMASHANKAR

JUDGEMENT

(1.) This is an appeal filed by the Chairman of the Village Panchayat or Gola Buzuk, Taluk Aland, against the order of acquittal of the respondent passed by the learned Judicial Magistrate, First Class, Alland, in Crl. Case No.11/4/969

(2.) A complaint was filed against the respondent-accused before the said Magistrate charging him with having committed offences under S.213(3) (a) and (b) of the Mysore Village Panchayats and Local Boards Act, 1959. The case was taken on file and the learned Magistrate issued summons to the accused and on 25-3-69 the accused appeared before the Court. Thereafter, the case underwent number of adjournments and on 2-7-1969, four prosecution witnesses were examined. Then the Pleader for the complainant applied for the examination of the last witness and for issue of summons. The Court granted the request and adjourned the case to 21-7-1969. On 21-7-1969, the case was adjourned to 2-8-1969 as the learned Magistrate was on casual leave. On 2-8-1969 the case was again adjourned to 13-8-1969 as the learned Magistrate was on casual leave. On 13-8-1969 the case was adjourned to 26-8-1969 at the request made on behalf of the complainant by his Advocate.

(3.) The order sheet dated 26-8-1969 reads as follows: The complainant and his Counsel absent when called out. The accused is present. The complaint is dismissed and the accused is acquitted. The file be closed and consigned to record. This order of acquittal passed apparently under S.247 Cr.P.C has been challenged by the complainant in this appeal.