STATE OF RAJASTHAN Vs. IQBAL HUSSAIN

JUDGEMENT

(1.) THIS is an appeal by the State from an order of the Sub-divisional Magistrate, Nainwa dated the 18th of August, 1961 acquitting the accused of an offence under sec. 182 of the Indian Penal Code under sec. 247 of the Criminal Procedure Code on the ground that the Sub-inspector who lodged the complaint made a default in appearing before the Magistrate on the date fixed for the hearing.

(2.) THE learned Magistrate has held that a case under sec. 182 of the Indian Penal Code is a summons case and it is also a case in which summons was issued on complaint. He, therefore, held that the provision of sec. 247 of the Criminal Procedure Code was not applicable to it. In this appeal it is urged that it was wrong on the part of the Magistrate to think that the case was one in which summons was issued on a complaint