STATE Vs. ABDUL RAZZAK

JUDGEMENT

(1.) THIS government appeal arises out of the order of acquittal dated 16 -5 -1969 passed by the Sub -Divisional Magistrate, Kaimganj district Farrukhabad.

(2.) THE Respondent was charged with an offence Under Section 25 of the Arms Act on the basis of the alleged recovery of a bhala from him on 15 -2 -1969 at about 11 a.m. in the Shamsabad town district Farrukhabad.

(3.) IT appears that the learned Magistrate had fixed 16 -5 -1969 for the purpose of recording prosecution evidence. On the said date a report was received from the Station Officer, Shamsabad stating that constable Mohan Singh who had prepared the recovery memo happened to be absent and consequently the witnesses could not be sent to court. On those grounds an adjournment of the case was sought The learned Magistrate refused the adjournment sought for and expressed an opinion that it was not unlikely that constable Mohan Singh had manufactured evidence in order to implicate the Respondent. It is obvious that no witnesses on behalf of the prosecution were present on 16 -5 -1969 which was the date fixed in the court of the Magistrate. The adjournment was refused on the basis of suspicion that perhaps constable Mohan Singh was responsible for implicating the Respondent. I am unable to find anything on record to warrant such suspicion and hence the order refusing the adjournment appears to have been passed in haste by the learned Magistrate.