Law: Criminal Procedure Code, 1898

Section: 249-A, 417

. (i) Criminal Procedure Code, 1898 (V.of 1898)-- —Ss. 249-A & 417-Appeal against acquittal-Trial Court, without any application on behalf of accused had acquitted him under S. 249-A Criminal Procedure Code, 1898~Legality--Where acquittal of accused person without application under S. 249-A Cr.P.C. has been passed by Trial Court, order of acquittal would not be sustainable in the eyes of law-­ Impugned order was passed without issuing notice and providing opportunity of hearing to complainant-Order of acquittal was, thus, not sustainable on that ground also.                                                 [P. 559] A (ii) Criminal Procedure Code, 1898 (V of 1898)-- <. —-Ss. 249-A & 417-Mode and manner of dealing with criminal case by Trial Court was neither appreciated nor approved-Trial Judge had passed order of acquittal of accused when he was at the verge of relinquishing charge due to his transfer on his last working day-Magistrate in a hasty and un-usual manner had acquitted accused under S. 249-A Cr.P.C., which was clear violation of law.                                              [P. 559] B (iii) Criminal Procedure Code, 1898 (V of 1898)-- —Ss. 249-A & 417-Acquittal of accused in terms of S. 249-A Cr.P.C.-Non- appearance of Investigating Officer despite service of summons-Duty of Court-Where, summons were issued' to a witness, and in response thereto, he does not appear, reasons must be examined and noted in order sheet and in that situation necessary coercive measures should be adopted by the Court for securing attendance of witness-Trial Court having failed to adopt coercive measures had miserably failed to perform its legal…