G.N.Prasad, J.

1. This is an appeal by the State Government against an order of acquittal recorded by the learned Judicial Magistrate under Sec.251-A(11) of the Code of Criminal Procedure. The circumstances in which the order under appeal came to be recorded are, briefly, these.

2. On the basis of a police report, the respondents, who are 22 in number, were summoned to take their trial for offences under Sections 147, 148, 448, 325 and 324 of the Indian Penal Code. The case was transferred to the learned Judicial Magistrate, Mr. M. Mustafa, for trial. On the 13th June, 1961, the learned Magistrate framed charges against the various respondents under Sets. 147, 148, 323, 324 and 325/34 of the Indian Penal Code, to which the respondents pleaded not guilty. On the same day, the learned Magistrate ordered sommonses to be issued for the appearance of the prosecution witnesses on the 17th, 18th and the 19th July, 1961, in equal batches. No prosecution witness, however, appeared in response to the summons on any of these three dates, in spite of the fact that the service report of the summonses had been received. On the 19th July, 1961, the learned Magistrate proceeded to acquit t