KUNJ BEHARI YADAV Vs. BASDEO YADAV

JUDGEMENT

(1.) This is an application in criminal revisional jurisdiction by a complainant and is directed against an order of a Munsif-Magistrate of Aurangabad dated the 17th March, 1955, by which he acquitted the accused persons under the provisions of Section 258 of the Code of Criminal Procedure.

(2.) The complainant had filed a petition of complaint against the opposite party, who were the accused, under Sections 430 and 147 of the Indian Penal Code. On the 25th of February, 1955, the learned trial Magistrate recorded the examination and cross-examination of two witnesses before charge. A third witness was tendered. Thereafter, he framed a charge under Section 430, Indian Penal Code, and to this charge the accused persons pleaded not guilty. He then directed that the case be put up on the 17th March, 1955, for cross-examination.

(3.) On the 17th March, 1955, the accused persons were present, but no witness for the prosecution turned up for cross-examination in spite of repeated calls. The procedure which the trial magistrate then adopted was that he expunged the evidence) which he had recorded on the previous date & then said that now that there was no evidence on the record to prove the charge against the accused persons, the accused persons must be acquitted under Section 258, Criminal Procedure Code.