( 1 ) THE State being aggrieved by pass disposal by acquitted in 96 Criminal Cases 4as preferred these appeals and contended the the learned Chief Judicial Magistrate has gravely erred in doing so merely because the compliant-Factory Inspector was not present on that day especially when on all previous occasions he was personal and witnesses were also present on several dates. It is also submitted that the complaint B public servant was transferred and therefore he had sent a telegram and another person Mr. Parekh was present in the Court on that day. On behalf of the respondents learned Counsels have submitted that under Sec. 256 of the Code of Criminal Procedure the learned Magistrate has the jurisdiction and discretion to pass such an order and the learned Magistrate has given reasons for dismissing the complaint. Section 256 of the Code of Criminal Procedure reads as under:256 If the summons has been issued on complaint and on the day appointed for the appearance of the accused or any day subsequent thereto to which the hearing may be adjourned the complainant does not appear the Magistrate shall notwithstanding anything hereinbefore contained acquit the accused