ANATHANARAYANA AYYAR, J.

( 1 ) THE learned Public Prosecutor has filed this appeal against the judgment of the Second Additional District Munsif Magistrate, Vijayawada, acquitting the sole accused altogether.

( 2 ) THE relevant facts are as follows.

( 3 ) THE Superintendent-in-charge, Central Telegraph Office, Vijayawada, filed a complaint on 13-11-1963, in the Court of the Judicial First Class Magistrate, Vijayawada, in which he stated as follows:-"complaint filed under Section 195 (1) (a), Criminal Procedure Code for offences under Sections 182, 417 and 471, I. P. C. The Superintendent-in-charge, Central Telegraph Office, Vijayawada, sent a requisition to the Sub-Regional Employment Officer, Vijayawada, on 9-7-1962 requesting him to send candidates for appointment as telegraph peons. . . . . . . . . . . . . . . . . SD/- Complainant, Superintendent-in-charge, C. T. O. , Vijayawada. "

( 4 ) THE learned Magistrate, Sri G. Pulliah, took it on file making an endorsement as follows:-"taken on file on 13-11-63 under Section 417 and 471, Indian Penal Code. Issue summons to the accused. . . . . . . . . . . "

( 5 ) THE prosecution examined seven witnesses. Of these, H. A. D. Monte (P. W. 1) w

Click Here to Read the rest of this document