9911796707
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Issues:
1. Jurisdiction of the District Munsiff to pass an injunction order in a criminal case. 2. Government's authority to prosecute under the Local Boards Act. 3. Special Officer's compliance with the injunction order. 4. Consequences of the Special Officer not appealing the District Munsiff's order. 5. Accused's acquittal in case of complainant's absence. Analysis: 1. The judgment revolves around the jurisdiction of the District Munsiff to issue an injunction in a criminal case. The court highlighted that the District Munsiff overstepped his authority by attempting to stay the criminal proceedings indirectly through an injunction against the defendant Board. This action was deemed improper, especially considering the provisions of Section 56(e) of the Specific Relief Act. The court emphasized that interfering with the course of justice in another court should only be done in extreme cases, and the District Munsiff lacked sufficient grounds to conclude that the Special Officer had no right to prosecute. 2. The court examined the Government's authority to prosecute under the Local Boards Act. It was established that public roads within the local board area are vested in the Local Board, and Section 223 of the Act specifies that a criminal case can only be initiated based on the complaint of the President of the Local Board or an authorized person. The court clarified that the Government's ownership of the land did not grant them the right to prosecute under the Local Boards Act, emphasizing the limitations of their authority in this context. 3. The judgment addressed the Special Officer's compliance with the injunction order issued by the District Munsiff. It was noted that while the Special Officer was restrained from actively prosecuting the case further, he could still be summoned to provide evidence in the trial. The court highlighted that the injunction did not prevent the Special Officer from appearing and giving testimony if ordered by the Magistrate. 4. The consequences of the Special Officer not appealing the District Munsiff's order were discussed in the judgment. Despite the improper nature of the injunction, the Special Officer was obligated to comply with it since he did not pursue an appeal to challenge the order. However, this compliance did not preclude the Magistrate from continuing with the trial by summoning the Special Officer to testify. 5. Lastly, the judgment addressed the issue of the accused's acquittal in case the complainant, who was a public servant, did not appear for a subsequent hearing. The court referred to Section 247 of the Criminal Procedure Code, which allows the Magistrate to acquit the accused if the complainant fails to appear, unless an adjournment is deemed necessary. The judgment emphasized the Magistrate's discretion in proceeding with the case in the absence of the complainant, especially when the complainant's personal attendance is not required. Ultimately, the court allowed the petition and set aside the Magistrate's order permitting the Government to proceed with the prosecution.
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