UNION OF INDIA Vs. LACHHMAN ALIAS PUNNO

JUDGEMENT

(1.) This appeal by the State is directed against an order of a Magistrate Second Class Bilaspur whereby in the exercise of powers conferred by Section 247, Cr.P.C, the respondent, was acquitted of an offence under Sections 32 and 33 of the Indian Forest Act, 1927. The Divisional Forest Officer Bilaspur Forest Division sent to the District Magistrate Bilaspur three challans on 6th August, 1960, and one of those No. 20 pertained to the respondent. The District Magistrate forwarded the letter received from the Divisional Forest Officer to the Magistrate Second Class Sadar for disposal. The Magistrate took cognizance of the case and the respondent was summoned. The complainant's evidence was closed on the 28th February 1961 and 14-3-61 was fixed for further proceedings. The presiding officer did not attend the Court on that date or on the date next fixed for the disposal of the case. The case was taken up on 16-51961. The complainant was not present but on Ms behalf one Shri Shiv Dev Singh Range Officer was present. The learned Magistrate, however, dismissed the complaint.

(2.) Section 247, Cr. P. G, runs as below:--"If the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may he adjourned the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some other day: Provided that, where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance, and proceed with the case."

(3.) The proviso to the said section was substituted by the Code of Criminal Procedure (Amendment) Act No. 26 of .1955. Prior to the aforesaid amendment the proviso to the section ran as below : "Provided that, where the complainant is a public servant and his personal attendance is not required, the Magistrate may dispense with his attendance, and proceed with the case."