( 1 ) THIS is an appeal by the State against an acquittal of Balwant Singh Birdhi, manager of two factories, Modi Torch Works and Modi Hurricane Lantern Factory, from a charge under Rule 123 of the Uttar Pradesh Factories Rules, 1950. Two complaints were filed before the trial Court. They were identically worded except that one complaint was with respect to tho non-production of the inspection book relating to Modi Torch Works, Modinagar, and the other was with respect to the non-production of the inspection book of Modi Hurricane Lantern Factory. The demand for the inspection books of the two factories was made at one and the same time by the same inspector and the two cases could well have been the subject-matter of a single trial by virtue of the provisions of either Section 235, Criminal Procedure Code, or in any case, of Section 234 (1), Criminal Procedure Code. The learned magistrate, who tried the two case3 separately, recorded evidence in the two cases separately, but acquitted the respondent in both tho cases by a single judgment dated 16 July 1963. The learned magistrate ordered that the judgment in Case No. 58/9 of 1963 relating to the Modi Toroh Works, whi