S. S. Sodhi J.

1. On November 1,1985, a first information report was lodged against the petitioner-Surinder Singh, on the statement of Smt. Santosh Malhotra, Head mistress of the Government High School, Ghatauli. The case being under Secs. 186,353 and 506 of the Indian Penal Code. When the case went up for trial, the evidence of two witnesses, namely; P. W.2 Jowala Singh and P. W.3 Tara Chand were recorded on February 12, 1987. Both these witnesses were declared, hostile and were then cross-examined by the public prosecutor. The case was, thereafter adjourned for the recording of the evidence of the investigating officer, Sub-Inspector Baljit Singh. As many as five opportunities were thereafter granted to the prosecution for the examination of the investigating officer. A last opportunity was granted to the prosecution for the examination of this witness when the case was adjoured to July 13, 1987. On this date, again Sub-Inspector Baljit Singh was not present, his summons having been received back unserved. The trial Magistrate, by his order passed on that day, closed the prosecution case and recorded the statement of the petitioner under Sec.313 of the Code of Cri