KANA Vs. SURJA

JUDGEMENT

(1.) THIS is a reference by the District Magistrate of. Churu, and has arisen in the following circumstances:

(2.) A complaint under sec. 447 I. P. C. was brought by Kana against Surja and others on the 12th August, 1950. The case dragged on in the court of the Tehsildar Magistrate of Sujangarh up to the 2nd June, 1951. That date was fixed for examination of a witness who had been summoned. On that date, Kana complainant absented himself. His counsel, however, was present, and made an application for adjournment of the hearing on the ground that for some reason, which was unknown to the counsel. Kana had not been able to come. The Magistrate, however, acted under sec. 247 of the Code of Criminal Procedure, and acquitted the accused. Thereupon, Kana went in revision to the District Magistrate of Churu, and this reference has been made to us for setting aside the order of acquittal.