JUDGMENT

Yashoda Nandan, J. - On the 16th of November, 1970, Criminal Appeal No. 1688 of 1968, which is an appeal against an order of acquittal, came up for hearing before our learned brother Mohammad Hamid Hussain, J. He found I himself unable to agree with the view taken by A. K. Kirty, J. in Zuber v. Paras Ram, 1970 A.L.J. 254 and K.N. Srivastava, J. in Zila Parishad v. Dharampal, Connected Criminal Appeals No. 1680 and 1690 of 1968, with regard to the scope of Section 247 of the Criminal Procedure Code hereinafter referred to as the code and consequently, referred this appeal to a larger bench. That is how this case has come up before us.

2. The relevant facts giving rise to this appeal are that the appellant, Zila Parishad, filed a complaint before a First Class Magistrate of Budaun, alleging the commission of an offence under Section 447, Indian Penal Code, by the respondent. On the 19th. of September, 1967, the learned Magistrate recorded the statement of the complainant under Section 200, of the code, and ordered summon to issue for the appearance of the accused on the 4th of October, 1967. On the 4th, of October, 1967, for some reason, not clear from the record of the proce