STATE Vs. JAGATRAM SAHU

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge. Bolangir, recommending the quashing of the order dated 28.4.1971, passed by the Sub -divisional Magistrate Nawapara acquitting the opp. parties of an offence under Section 447 of the Indian Penal Code on the ground of non -appearance of the complainant on the date fixed for argument.

(2.) THE learned Sessions Judge noticed this irregularity during his inspection of the records of the Court of the Sub -divisional Magistrate and thereafter called for the records of the court in exercise of powers under Section 435 of the Code of Criminal Procedure and registered a case in his own court, being revision No. 11 -K of 1971. In due course he made a reference to this Court under Section 438 of the Code of Criminal Procedure.

(3.) ON a perusal of the order sheet of the criminal case it appears that originally there were three accused persons. Summons in the case could not be served upon Motiram Sahu. By order no. 21. dated 14 -11 -71 the case against Motiram was, therefore, dropped and it proceeded against the remaining two accused persons. On 10 -4 -71. the prosecution evidence was closed. There was no defence witness. The case was directed to be posted on 26 -4 -71 for argument. Both sides were present on that day but the court was busy and therefore the case was reported to 28 -4 -71. On that day the complainant was absent so was his counsel. The learned Magistrate passed an order acquitting the accused persons for non -appearance of the complainant in exercise of powers under Section 247 of the Code of Criminal Procedure.