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The High Court upheld an acquittal entered after the prosecutor failed to appear, holding the trial court used the wrong provision but reached the right result.
The High Court allowed a criminal appeal, set aside a dismissal and acquittal for non-appearance, and sent the case back to proceed.
Acquittal under section 205 of the Criminal Procedure Code was improper as no evidence was adduced; the magistrate had no power to acquit in this manner.
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