(1.) THIS appeal against acquittal by the complainant must be allowed on the short ground that the learned Magistrate has not at all taken notice of the relevant provisions of the Code of Criminal Procedure.
(2.) BACHNI filed a complaint against Chanchal Singh under sections 323 and 504 of the Indian Penal Code on the ground that she had been beaten and given obscene abuses by the accused Smt. Bachni appeared in support of the complaint and she also examined Teja Singh and Jit Singh as her witnesses. The leaned Magistrate framed a charge against the accused under sections 323 and 504, Indian Penal Code, on the 2lst of November, 1960. The charge was read over and explained to the accused. He pleaded not guilty to the same and wanted the case to be heard. The accused also stated that he wanted to cross -examine all the prosecution witnesses whose statements had been recorded. On the next date of hearing, that is, the 13th of December, 1960, the learned Magistrate passed the following order: -