RADHAKRISHNAN Vs. IBRAHIM

JUDGEMENT

(1.) PETITIONER, the defacto complainant in C.C.No. 316/1995 on the file of Judicial First Class Magistrate's Court, Wadakkanchery, filed this revision challenging the order of acquittal passed passed by the learned Magistrate. As per judgment dated 17.1.1997, learned Magistrate acquitted the petitioner of the offences under Sections 279 and 338 of Indian penal Code recording that though summons were served on CWs 1 to 4, the principal witnesses, they did not appear and in such circumstances, there is no evidence on the side of the prosecution to question the petitioner under Section 313 of Code of Criminal Procedure. Thereby, he was acquitted. The case of the petitioner is that learned Magistrate should not have acquitted the accused without taking coercive steps and in such circumstances, the order of acquittal is to be set aside.

(2.) LEARNED counsel appearing for the petitioner and first respondent and learned Public Prosecutor were heard.