JADUMANI DAS Vs. GOVIND HISWAL AND 7 ORS.

JUDGEMENT

(1.) THIS is a complainant's appeal against the order dated 16 -1 -1967 passed by the Sub Divisional Magistrate, Athagarh, acquitting the accused -Respondents under Section 247, Code of Criminal Procedure .

(2.) THE Sub -Divisional Magistrate, Athagarh, took cognizance of the complaint filed on 24 -12 -1966 under Sections 188/143/426, Indian Penal Code against eight accused persons, Respondents in this appeal, and issued summons against them for their appearance on 13 -1 -1967. 13th and 14th being holidays and 15th being a Sunday, the record of the case was put up before the learned Magistrate on 16 -1 -1967 when the following order was passed by the Court:

(3.) MR . Mohanty, the learned Counsel for the complainant -Appellant, seriously contended that the aforesaid order is patently arbitrary and illegal, passed as a matter of course, without any judicial consideration, and as such is liable to be set aside.