( 1 ) THIS is an appeal by the State directed against the order dated 12-4-1961 of the sub-Divisional Magistrate, Begumganj, acquitting the accused under Section 247, criminal Procedure Code, on the ground that the Station. House Officer was absent on that date.

( 2 ) THE accused was prosecuted by the police under Section 112 of the Motor vehicles Act. The charge-sheet lodged by the police was treated as a complaint since the offence complained of was non-cognisable and the case was triable as a summons case. Accordingly the learned Sub-Divisional Magistrate dismissed the complaint and acquitted the accused as provided by Section 247, Criminal procedure Code, inasmuch as the Station House Officer being the complainant was absent on that dale.

( 3 ) IT is urged on behalf of the State that the charge-sheet against the accused even though with respect to a non-cognizable offence could not be treated as a complaint attracting the provisions of Section 247, Criminal Procedural Code, and hence the acquittal of the accused was illegal and without jurisdiction.

( 4 ) IN our opinion the contention of the State is well founded and the acquittal of the accused has to be set asid