STATE OF U P Vs. PRABHAT KUMAR TRIVEDI

JUDGEMENT

(1.) THIS appeal has been filed by the State of Utter Pradesh under Section 417, Cri. P. C. and is directed against: the order of Sri M. P. Srivastava, Magistrate 1st Class, Sitapur, dated 6-6-1964, acquitting the respondent, Prabhat Kumar Trivedi.

(2.) THE Station Officer Incharge police station Kotwali, Sitapur, submitted a charge- sheet against the respondent for his prosecution under Sections 380 and 411, I. P. C. The Magistrate did not frame charge under Section 380,1. P. C. but framed one under Section 411, I. P. C. The relevant portion of the charge-sheet framed by him reads:

(3.) DISSATISFIED with the order of acquittal recorded by the Magistrate, Sri M. P. Srivastava, the State has filed the instant appeal. No evidence was recorded either by the Banda Court or by the Sitapur Court and the only question that requires consideration is whether the learned Magistrate, Sri Srivastava, was justified in ordering the acquittal of the respondent only because he was acquitted of the charge under Section 25 of the Indian Arms Act at Banda.