C N DEY Vs. STATE

JUDGEMENT

(1.) This revisional application is directed against the order dated 11-11-82 passed by the learned Metropolitan Magistrate, 15th Court, Calcutta acquitting the accused persons of the charges framed against them.

(2.) The present petitioner who is the de facto complainant in respect of the case being aggrieved by the said order has preferred this revisional application.

(3.) The learned Magistrate on the basis of the complaint framed charges against the accused persons under Ss.381/114/411 of the Indian Penal Code. Witnesses were produced before him and they were examined by the prosecution. On the prayer of the accused opposite party the cross-examination of the witnesses were deferred. On the subsequent dates, the witnesses did not appear and on that ground, the learned Magistrate by the impugned order acquitted the accused persons by treating the prosecution case as closed and by expunging the evidence of witnesses given in examination-in-chief.