MOHAMMAD ATAULLAH Vs. RAM SARAN MAHTO

JUDGEMENT

(1.) On June 26, 1968, Ram Saran Mahto filed a complaint against the appellant and others before the Sub-Divisional Magistrate, Arrah. On April 5, 1969, the Sub-Divisional Magistrate directed the Executive Officer, Samastipur Municipality who, we are told, is a Magistrate, to make an investigation under Sec. 202 Criminal Procedure Code and submit a report. It is not known what investigation was made by the Executive Officer, Samastipur Municipality but he submitted a cryptic report to the effect that a prima facie case was made out against Deepak Kumar Chaudhary, Ataullah and Noor Mohammad and no case was made out against Jagdish Kumar Chaudhary, Baleshwar Kumar Chaudhary and Birendra Chaudhary. The whole of the report may be usefully extracted here: