VALLIAPPAN Vs. VALLIAPPAN

JUDGEMENT

(1.) THIS is a revision petition against an order of acquittal.

(2.) AFTER completion of the investigation, a report was filed by the investigation officer under Sec. 173, Criminal Procedure Code to the effect that respondents 1 to 4 herein appeared to have committed offences punishable under Secs. 341, 323, 324 and 506, Part II, I. P. C. Charges were framed accordingly by the Court. Summons were issued at the request of the prosecution to witnesses 1 to 4 who are eye-witnesses including the complainant, the present revision petitioner, herein, an injured witness. On the day appointed for trial the prosecution reported that the witnesses refused to receive the summonses issued by the Court and to that effect the Constable was examined in the Court as C. W. 1. He deposed that he attempted to serve the summonses on all the four witnesses and that all of them refused to receive the summonses. Thereupon, the court by judgment dated 27. 2. 1985 acquitted the accused under Sec. 248 (1), Crl. P. C. Against that order, the complainant has preferred this revision petition.

(3.) IN the result, the revision petition is allowed, the order of acquittal is set aside and the Magistrate is directed to proceed afresh and to dispose of the case expeditiously in accordance with law. The office is directed to send back the papers immediately.