STATE OF U P Vs. MANA SINGH

JUDGEMENT

(1.) THIS is an appeal preferred by the State of U. P. under Sec. 378 of the Code of Criminal Procedure challenging the order of acquittal dated 8-5-1974 passed by the Sub-Divisional Magistrate of Nighan, District Kheri.

(2.) THE respondent was prosecuted under Section 25 of the Arms Act by the Station Officer, Singhal. On a consideration of the documents referred to in Section 173 Cr. P. C. the Magistrate framed a charge on 5th March 1973. On a request made on behalf of the prosecution summons were issued to a number of witnesses but they absented themselves on several dates. THEy, however, appeared before the Magistrate on 22-8-1973 but the Presiding Officer was on leave and hence the case was adjourned. THEreafter on successive dates the Magistrate ordered that the witnesses be summoned but they never appeared before him. Considerable delay was caused and inspite of repeated orders passed by the Magistrate for summoning the witnesses, they were not produced in Court. On 8th April 1974 the Assistant Prosecuting Officer made a request by making an endorsement on the order-sheet to the effect that prosecution witnesses Nos. 1, 2, 4 and 8 be summoned. THEy were accordingly summoned by the Magistrate for 8th May, 1974 but they did not come. THEreafter on date after date the case was taken up but the witnesses were not present till no request was ever made on behalf of the prosecution to the Court for taking coercive measures in order to compel the attendance of the prosecuting witnesses. In these circumstances since there was no evidence in the case the learned Magistrate passed the impugned order on 8th May 1974, acquitting the accused "for want of evidence."

(3.) THERE is no force in this appeal. It is accordingly dismissed. Appeal dismissed.