STATE OF GUJARAT Vs. KANBI VALLABHA

JUDGEMENT

(1.) The respondents accused are 15 in number were charged with having committed offences under secs. 4 and 5 of the Bombay Prevention of Gambling Act in the Court of the Judicial Magistrate First Class Bagasara in Criminal Case No. 542 of 1967. The learned Magistrate acquitted the accused under sec. 247 of the Code of Criminal Procedure as the complainant was absent on 31-7-1967 on which date the matter stood adjourned for hearing. The State of Gujarat has come in appeal.

(2.) It is contended by the learned Assistant Government Pleader Mr. Nanavati that the learned Magistrate was in error in acquitting the accused since sec. 247 of the Code of Criminal Procedure would not apply since the present case was not instituted under a complaint as defined in sec. 4(1) (h) of the Code of Criminal Procedure and which does not include a report of a police officer.

(3.) Under sec. 4(1)(h) of the Criminal Procedure Code Complaint means the allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person whether known or unknown has committed an offence but it does not include the report of a police officer.