JUDGMENT :

A. Pasayat, J. - Order of acquittal dated 7-7-1 992 passed in terms of Section 248(1) of the Code of Criminal Procedure, 1973 (in short, (Cr PC) by learned Judicial Magistrate, First Class. Kendrapara, is the subject-matter of challenge, learned Magistrate directed accuittal on the ground that petitioner was unnecessarily prolonging the proceeding, and therefore, the accused-opposite parties are entitled to an order of acquittal.

2. Mr. S.K. Sahoo, learned counsel for the petitioner attaches vulnerability to the order on the following two grounds:

(i) There can be no order of acquittal u/s 248(1) Cr PC In the circumstances indicated by the learned Magistrate; and

(ii) There was in fact no dilatory tactics adopted by the petitioner. On the contrary after 8-2-1991, i.e. the date on which charge was framed, petitioner was present on seven occasions with his witness, but the accused took time. Therefore, no mala fide intention can be attributed to the petitioner.

Mr. G.B. Dash, learned counsel appearing for the opposite parties, however, supported the order of learned Magistrate stating that it is proper in the circumstances of the case.

3. Coming to the plea of applicability of