Ranawat, J.—This is a reference made by the Additional Sessions Judge of Sikar, dated the 26th July, 1949.

2. The complainant, Mt. Manni, filed a complaint under sections 313, 446 and 504 of the Penal Code against both the accused Ramakishan and Begulal in the court of First Class Magistrate at Sikar on the 14th of April 1948. After holding an enquiry, the Magistrate framed a charge against both the accused under sec. 341.

3. The accused then applied for an opportunity to cross-examine all the prosecution witnesses. On the 29th of April 1949 the complainant failed to appear and none of the prosecution witnesses, who were summoned to appear for being cross-examined, appeared. The Magistrate thereupon dismissed the case and acquitted the accused. He has not referred to sec. 247 Cr. P. C. in his order but the Sessions Judge has construed his order to be one under sec. 247 Cr. P. C. and he has therefore, recommended that once the trial of the case was begun as that of a warrant case the Magistrate had no authority to apply the procedure of the trial of a summons case and according to him an order of dismissal for default is illegal and should be set aside.

4. It may be observed that there

Click Here to Read the rest of this document