JUDGMENT This is an appeal filed by the State against the order passed by the Additional First-Class Magistrate of Pathanamthitta in Summary Case No. 98 of 1962 acquitting the three accused who were prosecuted for an offence punishable under section 380, Indian Penal Code. It is seen from the notes paper that on different occasions six witnesses were examined for the prosecution before it was transferred to the Additional First-Class Magistrate's Court. Subsequently on 25th May. 1962 another witness was examined and it was adjourned to 29th May, 1962 . On that date the learned Magistrate passed a one line order ‘Acquitted’. Even in summary trials it has been laid down that although it is not illegal for a Magistrate to pass an order of acquittal without giving reasons therefor, he ought, as a matter of practice write a short judgment giving the reasons at least in cases falling under suction 264, that is, in cases where on conviction a sentence more severe than a fine of Rs. 200 is possible. Reference may be made to the Bench decision of this Court in Slate v. C.K. Joseph1. I have no doubt that this is a typical case where merely for the sake of disposal the Magistrate has closed the case and passed orders. The order of acquittal cannot, therefore, be supported and it is hereby set aside. There will be a retrial of the case by the District Magistrate himself or by any other competent Magistrate subordinate to him other than the Magistrate who tried this case. A copy of this judgment will be communicated to the Magistrate concerned for future guidance. M.C.M.-----Acquittal set aside and retrial ordered.