Sudhindra Mohan Guha, J. - (1.) By the impugned order the learned Sessions Judge, Burdwan set aside the order of acquittal passed by the Magistrate in a case started on a complaint by opposite party no. 1 against the petitioners.
(2.) The present petitioners were summoned under sections 457/380 IPC and Sri B. Ali, Judicial Magistrate, Kalna adjourned the case no. C.R. 239/75 to 23.8.76 for examination of the P.Ws. On that day an application was filed for allowing time for examination of witnesses, but the learned Magistrate by his order dated 23.8.76 rejected the prayer and acquitted the accused persons.
(3.) It is observed by the learned Sessions Judge that the Magistrate has no authority even to discharge the accused persons but he acquitted them after rejecting the petition for adjournment. As it was in utter disregard of the provisions of the Code of Criminal Procedure and as the order of acquittal was not based on appreciation of the evidence, the learned Judge observed that the Sessions Court in revision had ample power to set the matter right. In this view of the matter the impugned order was set aside and the learned Magistrate was directed to proceed according to law.;