RABISINGH NAIK Vs. ARJUN MAJHI

JUDGEMENT

(1.) THE petitioner had filed a complaint case bearing No.1 C.C. 14 of 1987 in the Court of the Sub -divisional Judicial Magistrate, Nowrangpur against the accused persons, who are the opposite parties in this case. The allegation in the complaint case was that they were responsible for the murder of the brother of the petitioner Kamal Lochan Naik. Since no action was taken by the police on a report filed before them the petitioner had filed this complaint petition before the S.D.J.M., Nowrangpur. In the complaint petition, the petitioner had nan1ed ten witnesses in support of his case.

(2.) THE learned Magistrate after examining the complainant fixed up the enquiry under Section 202 of the Criminal Procedure Code and after examining six witnesses including the complainant as P.W. 6, had taken cognizance of an offence under section 301/149 of the Indian Penal Code by his order dated 22 -2 -1988.

(3.) AFTER the case was remanded to the court of the S.D.J.M., the present petitioner (complainant) filed a Memorandum before him stating that he did not want to produce or examine the rest of the four witnesses named in the complaint petition and the complainant had thus closed his evidence. This is borne out in paragraph 5 of this revision petition filed by the complainant. The said memorandum is, however, not found in the L.C.R. The L.C.R. was called for an en perusal it is seen that on 31 -5 -88 the Sub -divisional Judicial Magistrate passed the following order: