( 1 ) THIS appeal arises out of an order passed on 14-12-65 by Mr. S. C. Shah Judicial Magistrate First Class Jambusar in Criminal Case No 1010 of 1965 whereby the accused-respondent came to be acquitted under sec. 345 (2) of the Criminal Procedure Code in respect of an offence under sec. 324 of the Indian Penal Code.

( 2 ) THE accused-respondent was charge-sheeted by the police for an offence under sec. 326 or the Indian Penal Code in the Court of the Judicial Magistrate First Class at Jambusar for having voluntarily caused grievous hurt with a knife to one Raising Dispsing the servant of too complainant Dahyabhai Haribhai on the evening of 16th July 1965 at the village of Kavi in Jambusar Taluka. Then on a consideration of the documents placed by the prosecution in the case before him the learned Magistrate passed an order Ex. 3 on 3-9-65 saying that the offence disclosed therefrom was one under sec 324 of the Indian Penal Code and that way framed a charge accordingly on 29th October 1965 against the accused. To that charge he denied to have committed any offence. Thereafter on 14 the complainant the accused and the injured person Raising Dipsing appeared before t