LAKHI NARAYAN SAHU Vs. STATE OF ASSAM

JUDGEMENT

(1.) NONE has appeared for the petitioner today also. Heard the learned Public Prosecutor.

(2.) THE counsel for the petitioner remained absent on the last day also.

(3.) THE facts leading to the present revision; in brief, are that on the FIR filed by one Nitai Mazi alleging commission of arson by some accused persons, Silchar P. S. case No. 235/95 under Section 436/34, IPC was registered (G. R. Case No. 552/95) and police initiated investigation. On conclusion of the investigation police submitted final report under Section 173, Cr. P. C. stating inter alia that though the case is under Section 436/34, IPC but the evidence is insufficient against the accused persons. Thereafter, when the final report was placed before the Chief Judicial Magistrate, Cachar, Silchar the Chief Judicial Magistrate, did not accept the final report and passed the following impugned order :