BRAJESHWAR SAHAY Vs. K K SINHA

JUDGEMENT

(1.) This is an application in revision against an order of acquittal passed by the Munsif-Magistrate of Chaibasa on the 24th April, 1968, under Section 494 of the CODE OF CRIMINAL PROCEDURE, 1973.

(2.) The petitioner lodged an information at Jhinkpani Police Station in the district of Singhbhum on the 26th February, 1965, alleging therein that the accused persons led by Opposite Party No. 1, entered the office and verandah of Messrs. Associated Cement Company Ltd. and completely paralysed the working of the office and threatened and. abused the supervisory staff. After investigation, the police submitted charge-sheet against the Opposite Parties. The Sub-Divisional Magistrate took cognizance of the case under Sections 147 and 448 of the Indian Penal Code and transferred it to the Judicial Magistrate for trial. Thereafter, the case was transferred to the file of Shri H. C. Mittal, Munsif-Magistrate, First Class, Chaibasa.

(3.) Opposite Party No. 1 appeared in the Court of the Munsif-Magistrate for the first time on the 1st December, 1968. By the 15th September, 1967, six prosecution witnesses were examined in the case; and, on the 7th October, 1967, a petition was filed for framing charges under Sections 448 and 147 of the Indian Penal Code. Some of the accused persons absented themselves, and, ultimately, on the 16th February, 1968, the case was transferred to the file of Shri K. M. Toppo, Munsif-Magistrate, Second Class, Chaioasa, and on the said date he issued a non-bailable warrant of arrest against the accused persons. Again on the 21st March, 1968, and 17th April, 1968, the accused persons were absent. The Munsif-Magistrate, by his order dated the 17th April, 1968, fixed 27th of May, 1968, for return of service of non-bailable warrants of arrest issued by him.