DEMKHOLUM Vs. HELKHOSEM KUKU

JUDGEMENT

(1.) THIS is an appeal with special leave against the order of acquittal under Section 417 (3) of the Cr.P.C.

(2.) THE case which was started on a complaint was for an offence punishable under Section 352 IPC which is triable as a summons case. The case after pending for an inordinately long time came to be transferred to the file of the Magistrate who passed the order of acquittal. On receipt of the case the said Magistrate passed an order on 13 -2 -1957 that the parties be summoned for 8 -4 -57, because obviously the parties had no notice about the court or the date of hearing.

(3.) FOR the above reasons I consider that the learned Magistrate did not exercise his discretion in a proper way and set aside the order of acquittal and remand the case to him for trial according to law. The parties are directed to appear before him on 10 -2 -58. This is a long pending case and the Magistrate is directed to dispose it of with all expedition.