Order.*- The question in this criminal appeal is whether the trial Court can acquit the accused under section 251-A(11) of the old Criminal Procedure Code in a warrant case after charges are framed when the prosecution altogether fails to take any interest though several adjournments have been given. Despite this total absence of interest taken by the prosecution, is the Court required to summon the witnesses itself to conduct the trial and dispose of the case on its merits? In Public Prosecutor v. Gundu Rao1, Punnayya, J., took the view that it is the duty of the Magistrate to take coercive steps to compel the attendance of prosecution witnesses. In so doing, my learned brother has relied on the decision of Mirza, J. in Public Prosecutor v. Pachiyappa2, and disagreed with the view of the Calcutta High Court in Jyotirmoyee Bose v. Birendra Nath3.

In the circumstances, I think that it is better if a Division Bench decides this question. I therefore refer the criminal appeal to a Division Bench and direct that the papers be placed before the learned Chief Justice for posting.

Pursuant to the above order the appeal came on for hearing before a Division Bench consisting of Chennakesav Re

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