( 1 ) THIS Criminal Appeal is directed against the order dated 16th September, 1995 passed by the learned Judicial Magistrate, First Class, Kalol, district Panch Mahals in Criminal Case No. 733 of 1991 whereby he has stopped the proceedings in the criminal case. The offences alleged in the criminal case were under Secs. 380, 504, 506, 594 and 114 of the Indian Penal Code. When the matter came up before the Court on 19-8-1996 notice was issued to the respondents as to why leave may not be granted because it was argued by the learned Addl. Public prosecutor who appeared on that day that the proceedings had been stopped under s. 258 of the Code of Criminal Procedure because the prosecution witnesses did not turn up and the Courts query was as to how the Appeal under S. 378 had been filed in the instant case because there was no order of acquittal passed by the learned Magistrate. In response to this notice Mrs. Subhadraben Patel had entered appearance on behalf of the respondents, i. e. , Govindbhai Chandubhai Patel and bhartiben. The offences which were alleged against the respondents were not the offences for summary trial and therefore, there was no question of resor