( 1 ) THIS appeal by the State is directed against the order dt. 12-5-1971 passed by the Munsiff-Magistrate, Chikmagalur, in CC. No. 239 of 1971 acquitting the lour respondents who were accused 1 to 4 before him and who will also be referred to as such in the course of this judgment, of the offence for contravening the provisions of clause (1) of Rule 154 of Mysore forest Rules, 1969, read with S. 86 of the Mysore Forest Act.

( 2 ) THE charge sheet in the case was filed on 10-2-1971 and on the same day the case was taken on file and summonses were issued to all the accused returnable on 27-2-1971. On 27-2-1971 only accused-4 appeared and so fresh summons were issued to accused 1 to 3 returnable on 19-3- 1971. On 19-3-1971, in response to the summons, accused 1 to 3 appeared and the case was then adjourned to 22-4-1971 on which day the complainant and the accused were all present. But, as the Presiding Officer was on casual leave, the case was adjourned to 12-5-1971. On that day, it appears, the complainant and his witnesses and also the accused were all absent, and the learned Magistrate purporting to act under S. 247, crpc. acquitted the accused of the said offence