HRUSHIKESH Vs. KRUSHNA CHANDRA GHADEI

JUDGEMENT

(1.) THIS is a petition to revise an order dated 8-6-1956, passed by the Subdivisional Magistrate of Bhadrak, calling for charge-sheet under Section 380 I. P. C. against some persons.

(2.) THE relevant facts are as follows. On 13-1-1956 the opposite party Krushna Chandra Ghadei made a station diary entry at Chanda-bali P. S. to the effect that some persons surrounded his house and looted away some articles on the previous night. On the next day the Police treated the station diary entry as a regular F. I. R. under Section 395 I. P. C. and submitted final report as false on 25-2-1956. That final report was put up before the Sub-divisional Magistrate on 9-3-1956 and he passed the following order:

(3.) IN the meantime, however, as early as 3-3-1956 the informant Krushna Chandra Ghadei had approached the Magistrate with a protest petition anticipating that the police investigation may go against him and requesting the Magistrate to order an enquiry. The Magistrate rightly treated this protect petition as a complaint, examined Krushna Chandra Ghadei on solemn affirmation, and directed that the complaint should be put up for orders along with all the police papers. After several adjournments and after hearing the complainant, the learned Magistrate passed the following order on 8-6-1956: "complainant is present, F. F. received. Read the documents. Heard the lawyer. Call for charge sheet under Section 380 I. P. C. to 26-6-56".