(1) This is a criminal reference and has been made by the learned Sessions Judge, Srinagar, recommending the quashing of the impugned order and directing, the trial court to proceed afresh in the case from the stage at which it closed the evidence of the prosecution.

(2) It appears that the police had challaned the accused respondents in the court of the 1st Addl, Munsiff Magistrate 1st class Srinagar under section 409 RPC. The court directed the prosecution to produce evidence on 29-4-1968 but on that date no witness was present and the case was adjourned to 13-5-1968, on that date too none of the prosecution witness was present and the case again postponed to 29-5-68. On that date as well the witnesses for prosecution were not present and the trial court gave one more opportunity to the prosecution to produce the evidence and adjourned the case to 18-6-1968. On this date 5 prosecution witnesses were examined and thereafter on 17-7-68 none of the prosecution witnesses was present and the case was adjourned to 29-7 1968. On this date the statements of 4 prosecution witnesses were recorded and the case was adjourned to 13-8-1968 On this date the court observed that as the remaining

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