JUDGMENT :

B.P. Ray, J. - This appeal is directed against the order dated 3.5.2007 passed by learned Ad hoc Addl. Sessions Judge (FTC), Athgarh in Criminal Misc. Case No. 1 of 2007 wherein the Appellant has been found guilty of the offence u/s 350 of the Code of Criminal Procedure (in short, "the Code of Criminal Procedure") and on being convicted was sentenced to pay a fine of Rs. 100/- in default to undergo S.I. for 10 days.

2. The Appellant was the Investigating Officer in Gurudijhatia P.S. Case No. 166 of 2003 corresponding to G.R. Case No. 440 of 2003 in the file of S.D.J.M., Athgarh. This case was registered for the offence u/s 376, I.P.C. The case being one triable by the court of Sessions was committed to the court of Sessions and was registered as ST. No. 119 of 2006 in the file of the learned Ad hoc Addl. Sessions Judge (FTC), Athgarh. It appears from the impugned order that the Appellant who was the Investigating Officer in the case did not appear for recording his evidence despite the fact that wireless messages were sent on different dates including the messages dated 30.11.2006, 20.12.2006, 6.1.2007, 11.1.2007 and 25.1.2007. It further appears from the impugned order, t