Order.-This appeal is filed by the State against the acquittal of the accused in C.C. No. 115 of 1976 on the file of the Judicial Magistrate of First Class, Parvathipuram. The learned Magistrate acquitted the accused on the ground that when the case was called on 10th March, 1977 for hearing to which date it was posted, the complainant was absent. The accused was acquitted under section 256, Criminal Procedure Code. 2. The case was instituted on a charge-sheet by the Police. Section 256(1) Criminal Procedure Code, provides that if the summons has been issued on a complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day. Thus, section 256 applies only to a case where summons has been issued on a complaint. In this case, admittedly, summons were not issued on a complaint. Section 256, Criminal Procedure Code has no application to a case filed by the Police. Consequently, the order of the learned Magistrate is incorrect. I, therefore, set aside his order acquitting the accused and direct him to take the case on file and proceed with it according to law.