SALIK SINGH Vs. RAM PRASAD AND OTHERS

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 12 -7 -68 passed by Sri J.L. Bhargava, Magistrate, 1st Class, Azamgarh acquitting the Respondents of the offences Under Sections 452 IPC, 147 IPC and 823 IPC read with Section 149 IPC.

(2.) THE facts leading to this appeal can briefly be stated as under. Salik Singh Appellant filed a complaint in the court of Judicial Magistrate on 21st February 1968 praying for the prosecution of the Respondents for the offences mentioned earlier. After the evidence Under Section 202 of the Code of Criminal Procedure had been recorded the O.Ps. were summoned to stand their trial for the said offences. The complainant examined Rajendra Nath Singh PW 1 and Ram Prasad PW 2 Under Section 252 of the Code of Criminal Procedure. Thereafter on 2nd July 68 all the five Respondents were examined by the learned Magistrate who framed charge against them of offences Under Sections 147 IPC, 452 IPC and 323 IPC. The case was then postponed to 12th July 68 for further cross -examination of the prosecution witnesses. On that date it appears that the case was called out but neither the complainant nor his witnesses turn up till 3.30 PM and the learned Magistrate therefore dismissed the complaint saying that he did not find an iota of evidence to connect the accused persons with the charge levelled against them. Feeling aggrieved against the aforesaid order the complainant has come up in appeal before this Court.