MODI, J.—This is a complainants appeal by special leave under sec. 417(3) of the Code of Criminal Procedure against an order of the Additional Munsiff Magistrate, Hindaun, dated 26th November, 1962 dismissing the complainants case on account of his default in appearance and acquitting the accused under sec. 247 Cr. P.C.

2. The material facts are these. The appellant Johrilal made a complaint against respondents Ramjilal and four others under secs. 323 and 352 of the Indian Penal Code on the 6th February, 1962. This case was registered on the 12th May., 1962. All the accused were served by the 3rd August, 1962. The statements of the accused were recorded on the 13th September, 1962, and the case was fixed for the complainants evidence for the 19th October, 1962. On that date, four of his witnesses were examined; and two more, namely Dr. T. N. Bhargava, the Medical Officer incharge of the dispensary at Hindaun and the Station House Officer, Hindaun, Shri Harprasad, remained to be examined. These were ordered to be summoned through the court on that date for the 26th November, 1962. The complainant put in the requisite process-fees on the 20th October, 1962. On the 26th November, 1962,

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