STATE OF U P Vs. BABU

JUDGEMENT

(1.) The present criminal appeal filed by the State of U.P. is directed against the judgment and order of acquittal dated 21-7-89 passed by Shri S. B. Panday, II Addl. Munsif-Magistrate, Unnao.

(2.) The Police submitted the charge-sheet against the opposite party under S. 25 of Arms Act. It is said that on 1-1-88 at about 1.00 p.m. in the night, the accused was arrested and from his possession one 'Addhi' of 12 bore and two live cartridges were recovered. Subsequently, the learned Magistrate acquitted the accused for want of evidence.

(3.) The lower Court's record of the present case shows that the first date of the evidence was 21-1-89 but as the accused was not present, therefore, the case was adjourned for 1-2-89. On 1-2-89, the prosecution moved an application for adjournment as the witnesses were not present. In the application, it was alleged by the prosecution that probably communication has not been made. The case was adjourned for 16-3-89 and thereafter on 26-4-89 but as the witnesses were not present, therefore, the case was adjourned for 28-6-89, On 28-6-89, the Presiding Officer was on leave and, therefore, the case was adjourned for 7-7-89. On 7-7-89, again an application was moved by the State stating that probably no communication has been made to the witnesses. The case was, therefore, adjourned for 21-7-89. On 21-7-89, the witnesses were not present and. therefore the prosecution moved an application praying that either summons be issued or coercive steps be taken against the witnesses. All these applications are on the record, but on these applications no order as been passed and only on the order sheets it was mentioned that;