STATE OF KARNATAKA Vs. SYED RAZAK

JUDGEMENT

(1.) IN this appeal the order of acquittal passed by the Special I Class Magistrate, Shimoga in Crl Case No.2184 of 1973 has been challenged. A case was put up against the respondent under Ss.457 & 380 IPC.

(2.) THE case was adjourned from time to time and ultimately posted for evidence on 5-9-1973. A memo was issued to the Sub-Inspector of Police to produce the witnesses by that date. On that day, no witnesses were presant but the Prosecuting Inspector requested the Court to adjourn the case so that he might get the witnesses on the adjourned date of hearing. THE learned First Class Magistrate rejected the prayer and proceeded to acquit the accused. THEre is nothing in this case to show that summons had been issued to the witness. Even otherwise, when the Prosecutor requested for time, the Court should have given time or itself should have summoned the witness. Having not done either of these, the learned Magistrate was not justified in acquitting the accised. We therefore, allow this appeal, set aside the order of acquittal passed by the learned Magistrate and remit the case back to the trial Court with a direction that the learned Magistrate should take the case on his file and dispose of the same according to law.