C R ALWARES Vs. HABOOL

JUDGEMENT

(1.) THIS is an appeal by the complainant under Section 417 (3) of the Criminal procedure Code against the order of the Second Class Magistrate, Patan dated the 19th of April, 1957 acquitting the accused Habool and Shamshuddin of an offence under Section 447 Indian Penal Code.

(2.) THE facts giving rise to this appeal are that the appellant filed a complaint under section 447 Indian Penal Code in the court of the First Class Magistrate, Bundi against the accused Habool and Shamshuddin on the 29th of December, 1958. The magistrate sent the complaint for enquiry and report to the police. The police reported that an offence under Section 447 Indian Penal Code was made out against the accused. Thereafter the case was registered and it was transferred to the Magistrate at Patan, the Magistrate at Patan tried the case and before April, 1957, the complainant finished all his evidence and even the accused produced three witnesses in their defence. On the 19th of April, 1957, when the case was taken up for hearing, the complainant's counsel was present in the court and the accused were also present with their counsel. The complainant himself was, however, absent that day and therefore, the trial court proceeded to acquit the accused under Section 247 criminal Procedure Code.

(3.) IT has been urged by the appellant that 19th of April, 1957 was declared a holiday for Christians by the Government of Rajasthan since it was Good Friday and that was why he did not make his appearance in the court. It is contended that the said order perhaps did not reach the court and the counsel for both the parties were also unaware of this position. It is prayed that the complainant was not at fault in not putting his appearance on that day and therefore, the order of acquittal should be set aside and the case be sent back to the Magistrate for trial according to law.