- (1.) THIS appeal has been filed by the State of Utter Pradesh under Section 417, Cri. P. C. and is directed against: the order of Sri M. P. Srivastava, Magistrate 1st Class, Sitapur, dated 6-6-1964, acquitting the respondent, Prabhat Kumar Trivedi.
(2.) THE Station Officer Incharge police station Kotwali, Sitapur, submitted a charge- sheet against the respondent for his prosecution under Sections 380 and 411, I. P. C. The Magistrate did not frame charge under Section 380,1. P. C. but framed one under Section 411, I. P. C. The relevant portion of the charge-sheet framed by him reads: "that you on or about the 9th day of April 1963 at about 7-30 p. m. at Changalia Bus Stand, Qasba Narainl District Banda were found in possession of stolen revolver No. 2745 Webley Scott which you retained in your possession knowing or having reasons to believe it to be a stolen property and thereby committed an offence punishable under Section 411 of the Indian Penal Code, and within my cognizance," Before the charge-sheet giving rise to this appeal was filed by the Police in the court of the Sitapur Magistrate, the respondent was put up for trial at Banda for being in possession of the same revolver at the same time and place as is the subject-matter of the charge in the instant case. After a charge-sheet had been framed by the Banda Magistrate against the respondent under Section 25 of the Indian Arms Act, the State Government decided to withdraw the prosecution and issued G. O. No. U. P. 4509/vii-B-279p/63, dated July 5, 1963 to that effect. Consequently the trial Magistrate at Banda, Dr. P. Mishra Anand Raja acquitted the respondent of the charge under Section 25 of the Indian Arms Act by his order dated rhe 20th of July, 1963. The charge-sheet in the instant case was submitted by the police on the 31st of July 3963 i. e. after the Banda Magistrate had acquitted the respondent. Sri M. P, Srivastava, the trial Magistrate at Sitapur acquitted the respondent after noticing certain judicial decisions and after recording the finding that in view of the acquittal of the respondent at Banda in the case under Section 25 of the Indian Arms Act against him, the trial before him was barred. He relied upon the provisions of Section 403 (1), Cri. P. C.
(3.) DISSATISFIED with the order of acquittal recorded by the Magistrate, Sri M. P. Srivastava, the State has filed the instant appeal. No evidence was recorded either by the Banda Court or by the Sitapur Court and the only question that requires consideration is whether the learned Magistrate, Sri Srivastava, was justified in ordering the acquittal of the respondent only because he was acquitted of the charge under Section 25 of the Indian Arms Act at Banda.;