Range Gowda, J.-This appeal by the State is directed against the order, dated 12th May, 1971 passed by the Munsiff-Magistrate, Chikmagalur, in C.C. No. 239 of 1971 acquitting the four respondents who were accused 1 to 4 before him and who will also be referred to as such in the course of this judgment, of the offence for contravening the provisions of clause (1) of rule 154 of Mysore Forest Rules, 1969, read with section 86 of the Mysore Forest Act.

2. The charge-sheet in the case was filed on 10th February, 1971, and on the same day the case was taken on file and summonses were issued to all the accused returnable on 27th February, 1971. On 27th February, 1971, only accused 4 appeared and so fresh summons were issued to accused 1 to 3 returnable on 19th March, 1971. On 19th March, 1971, in response to the summons, accused 1 to 3 appeared and the case was then adjourned to 22nd April, 1971, on which day the complainant and the accused were all present. But, as the Presiding Officer was on casual leave, the case was adjourned to 12th May, 1971. On that day, it appears, the complainant and his witnesses and also the accused were all absent, and the learned Magistrate purporting to act

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