PUBLIC PROSECUTOR ANDHRA PRADESH Vs. T S PRASAD

JUDGEMENT

(1.) This is a State appeal against the order of the Sub-Magistrate, Pithapuram, who, acting under Section 247, Criminal Procedure Code, acquitted the accused.

(2.) It is contended by the learned Public Prosecutor that the case was posted for hearing to 5-3-1958, which was a public holiday being the Holi festival day, but nevertheless the complainant, who was the Assistant Inspector of Labour attended the Court at 11 Oclock the usual hour, but he was informed by the Clerk of the Court that the Magistrate had gone on camp and he was not likely to come back for some time and accordingly the complainant went to have his mid-day meal at one Oclock, having informed the clerk of the court that he would be returning by half past one. Apparently, the Sub-Magistrate returned from camp, attended the Court during the interval, called the case and acquitted the accused throwing out the complaint

(3.) The question for consideration is, whether the order of the Magistrate is valid and is justified.