STATE OF TRIPURA Vs. NIRANJAN DEB BARMA

JUDGEMENT

(1.) THE State of Tripura has preferred this appeal against the order of the Ist Class Magistrate, Agartala acquitting the five accused in C. R. Case No. 249 of 1969.

(2.) THE facts leading to the filing of this appeal are as follows : - On 29 -4 -67 one Ramesh Chandra Dey, the then Beat Officer, Golaghati Beat under P. S. Bishalgarh filed report before the Sub -divisional Magistrate, Agartala alleging that the 5 respondents have committed an offence punishable under Section 26 (1) (a) of the Indian Forest Act by clearing the jungle and cultivating a portion of the same. On the same day the Sub -divisional Magistrate, Agartala took the case on file under Section 26 (1) of the Indian Forest Act and transferred the same to the Ist Class Magistrate for disposal, on 2.5.1967 the Ist Class Magistrate issued summons to the accused and posted the case to 1 -7 -67 for the appearance of the accused. As summons were not issued and as the accused were absent the case was adjourned to 1 -8 -67 for the appearance of the accused. On 1 -8 -67 three of the accused who were present were released on bail and the case was adjourned to 28.8.1967 for the appearance of the other accused. But on 28.8.1967 all the accused were absent. The learned Magistrate issued bailable warrants and posted the case to 27 -9 -67. As the warrants issued were not executed, on 27.9.1967 the Court ordered a reminder to be issued to the concerned police and adjourned the case to 14.11.1967 for the appearance of the accused. It appears some time later in the day four of the accused appeared. Consequently the Court recalled the warrants issued against them. On 14.11.1967 all the 5 accused appeared before the Court but the prosecution witnesses were not present and hence the Court ordered issue of summons to the prosecution witnesses to 5.12.1967 and on 5.12.1967 prosecution was ready with two witnesses and out of five accused only two were present. However for want of time the Court adjourned the case to 3.1.1968 on which date all the accused were present but the Court adjourned the case to 3.2.1968 for prosecution witnesses. As 3 -2 -68 was a public holiday the records of the case were put up on 5.2.1968 before the Magistrate. On that day all the accused were present the complainant and tile prosecution witnesses were also present. But the Court adjourned the case to 5.3.1968 and on 5.3.1968 the learned Magistrate passed the following order acquitting the accused: -

(3.) IN the result, the appeal is allowed, the order of the trial Magistrate acquitting the accused is set aside and the case is sent back to the Ist Class Magistrate, Agartala for disposal according to law.