STATE OF M.P. Vs. TORAN

JUDGEMENT

(1.) THE accused/respondent has been ordered to be acquitted of charges under Ss. 353 and 506(b) I.P.C. by J. M. F. C. Kolaras Distt. Shivpuri, because the prosecution did not adduce any evidence to sub -stantiate the Charges. The State has come up in appeal challenging the order of acquittal.

(2.) ONE Budhiprakash Sharma was Secretary to Gram Panchayat Khe -ron, Distt. Shivpuri attached with the block Development Office, Kolaras. He lodged an F. I. R. with P. S. Tendua on 29 -1 -80 alleging that on 27 -1 -80 he had gone to a point on Kherona -Kharji Road for the purpose of payment to labourers employed in relief works. The payment was to be made in kind. The accused accompained by a few labourers came to him and insisted on Budhiprakash going to village Kherona and miking the payment there itself. Budhiprakash efused to oblige the accused in the absence of orders of B. D. O. to that effect. On this the accused got annoyed and threatened him with life, dlagged him to the house of the accused and confined him there. The complainant was told by the accused that he would not be permitted to go unless he made the payment. A few villagers intervened leading to the release of the complainant whereupon he returned to his officer, made a report to him and then to the Police.

(3.) BEFORE this Court the sole submission made by the learned Panel Lawyer appearing for the State is that the Court should not have closed the prosecution evidence without summoning the witnesses and, if necessary, by resorting to coercive process. I am afraid that the contention cannot be accepted.