JUMRATI MIAN Vs. BISHESHWAR PRASAD VISHWAKARMA

JUDGEMENT

(1.) This is an application by complainant. Jumrati Mian for setting aside an order of the Sub-Divisional Magistrate of Samastipur whereby the Sub-Divisional Magistrate dismissed his complaint

(2.) It appears that an occurrence took place on the 28th March 1964. One Mohammad Habib lodged a fardbeyan on the spot, and it was later treated as the first information report. The complainant-petitioner and others were arrested by the police, and they were put in jail. The petitioner was released on the 19th April, 1964. and it was on the 20th April, 1964 that he filed the complaint. It may also be mentioned that the Sub-Divisional Magistrate himself had gone to the place of occurrence on the 28th March. 1964 and the complainant had seen him there

(3.) After receiving the complaint and after examining the complainant on solemn affirmation the Sub-Divisional Magistrate adjourned the case to the 15th May. 1964 He recorded an order on that date, saying amongst other things: