JUDGMENT :

BHARAT P. DESHPANDE, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2. The applicants are the original accused persons in connection with charge-sheet filed by Udgir Police Station (Rural) in Crime No. 214/2006 dated 26.12.2006, for the offences punishable under Sections 406, 409, 420, 467, 468, 471 r/w Section 34 of the Indian Penal Code (for short “IPC”).

3. After filing of the charge-sheet, R.C.C. No. 731 of 2007 was registered and the matter was taken up by the learned Chief Judicial Magistrate (C.J.M.), Latur. Charges were framed against the applicants who pleaded not guilty and accordingly the matter was posted for trial. Though the learned Magistrate issued summonses to the witnesses on various occasions, no witness was examined in spite of giving several opportunities. The charge-sheet shows the names of witnesses and in spite of issuing summonses, prosecution failed to examine any witness. Therefore, the case of the prosecution was closed. The learned C.J.M. Latur vide its judgment dated 02.08.2013 acquitted both the accused persons for all the offences.

4. Udgir Police Station through the State filed criminal appeal before