This is an appeal against the order of acquittal of the respondent of a charge under section 427, I.P.C. passed by Sri S. N. Misra. Magistrate First Class, Mirzapur.

2. The appellant Parbati Devi and the respondent Ram Narain were the complainant and the accused respectively in the lower Court. The appellant had filed a complaint against the respondent on September 25, 1968 relating to na occurrence which took place on November 10, 1967. It was alleged in the complaint that the respondent had demolished a latrine which was situated in a corner outside her house and was in the use of her family members since long. It was further alleged that as a result of the demolition of the latrine, she had suffered loss of about Rs. 200/-. She had also alleged some Marpit and exchange of hot words. Two witnesses were examined by her. The Magistrate framed a charge under Section 427, I.P.C. against the respondent. Subsequently 28th June, 1969 was fixed for further examination of the witnesses and probably for the production of some witnesses of the complainant. But on that date neither the complainant was present nor her witnesses. The accused respondent namely Ram Narain was also absen