TARAKANTA BHADRA Vs. BHANU CHARAN SAHU AND ORS.

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge of Balasore recommending the quashing of an order dated 26 -11 -1971 passed in a complainant case by the trying Magistrate in terms whereof a Warrant has been issued against the complainant who is the Petitioner in this proceeding.

(2.) THE short facts necessary for appreciating the points raised in this case may now be stated. On the complaint made by the Petitioner against the accused persons cognizance was taken and charge was framed after examining five prosecution witnesses for offences under Section 143, 323 and 504, India Penal Code. After the prosecution was closed the parties compromised. As the offences under Section 323 and 504, Indian Penal Code were compoundable the composition was accepted and the and accused persons were acquitted of those two offences. The case proceeded for the offence under Section 143, Indian Penal Code and the complainant under took to produce the prose out ion witnesses for cross -examination. He failed to do so and made an application to the Court saying that the witnesses bad been won over and were not coming. Ultimately the learned Magistrate ordered issue of & warrant against the complainant as he failed to appear and take steps.

(3.) THE learned Sessions Judge has indicated that the witnesses should be summoned to appear in Court for cross -examination at the instance of the defence. As it & appears there has really been a compromise. In fact on the basis of the composition acquittal for the other two offences has already been ordered. The witnesses in this case, even if they are brought before the Court, are likely not to support the prosecution any longer. In the circumstances, I do not think any useful purpose would be served by continuing the prosecution.