Anna Chandy, J.-

The question that arises for decision in this appeal is whether a person on trial for a non-cognizable offence can be acquitted under section 247 of the Criminal Procedure Code for the absence of the complainant if the case was charged by the police. The accused was charged with an offence under rule 56 (3) (b) of the Kerala Motor Vehicles Rules read with section 112 of the Motor Vehicles Act (a non-cognizable offence) and was tried by the1 Sub-Magistrate, Perinthalmanna who acquitted him under section 247 of the Criminal Procedure Code on the ground that neither the complainant (The Sub-Inspector of Police, Nattakal) nor his representative was present when the case was called for hearing.

The learned Public Prosecutor takes objection to this order mainly or the ground that section 247 cannot be made to apply to a case instituted by the police.

Section 247 of the Criminal Procedure Code reads thus:

“If the summons has been issued on complaint, and upon the day appointed for this appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbef