STATE OF KERALA Vs. ABRAHAM

JUDGEMENT

(1.) THE State has filed this appeal against the order passed by the Additional First Class Magistrate of Muvattupuzh a acquitting the accused under S. 247 Cr. P. C.

(2.) THE complaint was filed by the Range Officer, Kothamangalam Range in November 1960 against the two accused for an offence under S. 27 of the forest Act, for unauthorised entry and cutting of trees from the reserve forest. THE complainant finished all his evidence, the accused were questioned under S. 342 Cr. P. C. , defence witnesses were examined and the case was posted for disposal to 19-7-61. From that date it was adjourned to 26-7-61. On that day it is seen to have been reposted to 28-7-61. THEre is nothing to show that the date of posting was notified. THE complainant was not present and the learned Magistrate proceeded to acquit the accused under S. 247 Cr. P. C.

(3.) THE proviso to the section which has been substituted for the old one by the amending Act 1955 has omitted the word 'public servant' and the Magistrate has been given discretion to dispense with the attendance of the complainant whether he be a public servant or not, if the Magistrate is of opinion that his personal attendance is not necessary. Thus the section allows a discretion to the Magistrate and it has to be exercised judiciously. It is not contemplated that the order of acquittal should be a matter of mere routine and follow automatically upon the absence of the complainant.