HIMANSU SEKHAR SAHANI Vs. IGHOOV MAJHI

JUDGEMENT

(1.) The complainant, petitioner herein by, filing the present petition under Section 402 of the Code of Criminal Procedure (for short, 'the Code') has invoked the inherent power of the Court to set aside the orders of the learned Sessions Judge, Sundergarh, affirming the order of the learned Sub-divisional Judicial Magistrate, Sundargarh, dismissing the complaint under Section 203 of the Code.

(2.) Shortly stated, the case of the complainant is that while he was in possession of a portion of Anabedi land appertaining to plot No. 924 of Sundargarh town, the two accused persons along with their labourers trespassed upon the said land on 29-12-1992 at about 9.00 a.m. and destroyed the trees and plant raised by him. On the next day and thereafter they committed further crime, inasmuch as they removed the bricks, logs and trees, dug earth and forcibly made some illegal construction thereon. To their such action when the complainant protested, he was abused and threatened. A report of the incident was made at the Town Police Station, Sundergarh, but as no action was taken by the police, the complainant approached the learned S.D.J.M., Sundargarh, by filing the complaint and prayed for taking legal action in accordance with law against both the accused.

(3.) Upon such complaint, the learned Magistrate examined the complainant and thereafter ordered for holding an enquiry as envisaged under Section 202 of the Code. Pursuant to such order, the complainant examined six witnesses and the learned Magistrate on consideration of the evidence so adduced, came to hold that there is no reasonable ground for proceeding against the accused persons and consequently dismissed the complaint. Aggrieved thereby the complainant approached the revisional court and the learned Sessions Judge, Sundargarh, upon hearing the parties, concurred with the views of the learned Magistrate and dismissed the revision.