K PAPI REDDI Vs. P LAKSHMI NARAYANA

JUDGEMENT

(1.) This Criminal Appeal, which is preferred by the complainant in C.C. No. 666 of 1985 on the file of the Judicial Second Class Magistrate, Allagadda, against the acquittal of the respondent herein under Section 247. Cr.P.C., has been referred to the Bench, by out learned brother Kondiab. J., having regard to the fact that another Appeal No. 57 of 1966 (Andh Pra.) involving questions similar to those arising in this appeal has already been referred to the Bench for decision,

(2.) A private complaint tiled by the appeal ant against the respondent under Section 98 of the Cram Panchayat Act in the Court of the Judicial Second Class Magistrate, Allagadda, was registered as C.C. No. 666 of 1985. This case stood posted to 2-11-1965 for examination of the complainant and his witnesses. As the complainant was not present either in person or by Pleader when the case was called on for hearing on 2-11-1965, the learned Magistrate acquitted the respondent under Section 247, Cr.P.C. Aggrieved by this order the complainant preferred this appeal.

(3.) The appellant admittedly appeared in the Court at 11-40 a.m. the same day, i.e., almost immediately after the order of acquittal was passed by the learned Magistrate and Bled a petition requesting the Court to restore the case to its file after setting aside the order of acquittal. But the learned Magistrate dismissed that petition in the following terms:--