This is an application filed under Section 482 of the Cr.P.C. by the petitioner who is the de facto complainant in S.T. No. 228/77 on the file of the Judicial Magistrate of I Class, Adoor (Sub-Divisional Judicial Magistrate, Adoor), a case instituted on police report, praying that the order of acquittal passed therein may be quashed on the grounds that (1) the acquittal of the accused in the case on the ground that the prosecution failed to produce witnesses is illegal as it was the duty of the court to summon and examine witnesses, whether the prosecution produced witnesses or not; and (2) the only order that the Magistrate could have passed in the circumstances was to stop the proceedings under Section 258, Cr.P.C. without passing judgment and release the accused which release in effect amounted to a discharge.

2. At the time when the petition was taken up for hearing the first respondent and his advocate were absent. Both the grounds urged by the learned advocate appearing for the petitioner cannot be sustained either in law or on the facts of the case. No appeal has been filed against the order of acquittal by the State. Crl.R.P. No. 3/78 was filed by the present pe