A.N.GROVER, J.

1. This is an appeal by special leave against an order made by Shri Des Raj Mahajan, Magistrate, 1st Class, Bhatinda, dated 7th September 1963, acquitting the respondent on the ground that the complainant was absent. It was also stated in the order that the respondent had not been served as the copy of the complaint had not been filed by the complainant.

2. The appellant filed a complaint, dated 16th August 1963, against the respondent who was posted as Assistant Station-master, Railway Station Raman, accusing him of offences under Ss. 323/504, I.P.C. After recording the statement of the complainant and another person Bant Ram the learned Magistrate directed the issue of summons to the, respondent on 29th August 1963, to answer the charge under S. 323, I.P.C. His order was in these terms :-

"From the evidence and the document on the record I am of the opinion that there are sufficient grounds to proceed against the accused under S. 323, I.P.C. He be summoned on payment of process-fee for 7th September 1963." On 7th September 1963, the order under appeal was made. It runs as follows :-

"Present :- None for the complainant. Accused not served, as the copy of th