PADMA CHARAN SAHOO Vs. DHRUBANANDA DAS

JUDGEMENT

(1.) This revision at the instance of the complainant (petitioner herein) is filed challenging the order of the learned Judicial Magistrate, First Class, Salepur dismissing Complaint Case. No. 142 of 1992.

(2.) The complainant filed the aforesaid case alleging inter alia that on 25-10-1992 at about 5.30 P.M. while he was returning from Nageshpur Bazar some medicines, the accused persons wrongfully restrained him on the way and questioned as to why he deposed in the complaint case filed by one Rumakar Patra and so saying they assaulted him. Local Sarpanch being informed of the incident wanted to bring about an amicable settlement between the parties, but failed. Thereupon, the complainant moved the Court below by filing the complaint and put the law into motion.

(3.) The learned Magistrate on receipt of the complaint proceeded with enquiry as envisaged in Section 202, Cr. P.C. and on consideration of the evidence led in support of the accusation, dismissed the complaint on two grounds, namely : (1) that there was delay of nine days in filing the complaint, and (2) that the witnesses examined during enquiry were all chance witnesses. Learned Magistrate further observed that the case appears to be a false one which has been filed to harass the accused persons owing to previous grudge.