SHYAMSUNDAR SAHU Vs. SAROJ KUMAR GHOSE

JUDGEMENT

(1.) THIS is an appeal against an order of acquittal of a charge under Section 426/448, Indian Penal Code. In view of the order of remand in this case, I express no opinion on the merits. The circumstances in which this case has to be sent back to the Magistrate are, shortly stated, as follows.

(2.) THE order sheet shows that the case was taken up for hearing for the first time on October 23, 1964 and it was adjourned from time to time until September 20, 1965 when the Magistrate on that date made an order directing the complainant to produce his witnesses on October 14, 1965. The order as passed on that date is this:

(3.) IT appears from the record that shortly after the dismissal of the complaint and acquittal of the accused by the learned Magistrate, the complainant made an application to the Magistrate the very same day to revise the order and for restoration of the case to the file. The explanation for his non -appearance when the matter was called is stated in the petition to be this :