SIBIA DEVI Vs. PRAHLAD RAJAK

JUDGEMENT

(1.) This revision application is directed against the order dated 22.7.1997 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in Complaint Case No. 291/C of 1990 under which the learned Magistrate, after inquiry into the complaint-petition filed by the petitioner, had dismissed the same under Section 203 of the Code of Criminal Procedure ("the Code", in short).

(2.) Before dwelling upon the arguments that have been advanced certain facts may be noticed.

(3.) The complainant Sibia Devi filed a complaint-petition against all the 12 opposite parties which also included some Police Officers alleging therein that on 26.5.1990 she saw vehicles including tractor coming to the village and accused-persons alongwith certain unknown persons with spade, Gaita, iron rods etc. in hands came down out of which she identified Sitara Khan, a Police Officer. This Sitara Khan named certain persons and said that their houses should be searched. The Officer also ordered that the articles of those houses should also be taken away. The allegation is that thereafter, they entered into various houses, destructed portions of the house and took away large number of articles including grains and ornaments, as per Annexure-2 to the complaint-petition and then went away. The Harijan accused (Opposite Party Nos. 7 to 12) also started taking the grains and keeping that in their houses.