( 1 ) THIS appeal filed by the State is directed against the order of acquittal of the two respondents passed by the Judicial Magistrate, First Class, Second Court, Biiapur, in C. C. No. 1344 of 1968. Charges under Sections 392 and 323 of the Indian Penal Code were framed against the respondents by the learned Magistrate and the case was posted for evidence. On 27/5/1969 as there were no witnesses present in the court on behalf of the prosecution, the learned Magistrate acquitted the respondents under Section 251-A (11) of the Code of Criminal Procedure, and it is this order of acquittal that is challenged by the State in this appeal.

( 2 ) THE learned State Public Prosecutor appearing on behalf of the appellant, has contended that the said order of acquittal passed by the learned Magistrate is illegal. On 27/5/1969 as the assistant Public Prosecutor was not well, and adjournment was asked on behalf of the prosecution which was not unreasonable and that the learned Magistrate was not justified in acquitting the respondents merely on the ground that no prosecution witnesses were present in court. The learned Magistrate had no power to acquit the respondents under Sect