BISHUN SAH Vs. SAILENDRA PRASAD

JUDGEMENT

(1.) This application in revision is directed against the order of the learned Subdivisional Magistrate dismissing the complaint filed by the petitioner under Section 203 of the CODE OF CRIMINAL PROCEDURE, 1973 on the ground that no prima facie case has been made out.

(2.) A complaint under Sections 148, 323, 379 and 448 of the Indian Penal Code was filed by the petitioner before the subdivisional Magistrate on the 14th October 1966 regarding an occurrence which took place a day earlier at about 2 P.M. After the petitioner was examined on solemn affirmation, the learned Subdivisional Magistrate directed an inquiry into the complaint by Shri K. Gopal, Sub-Deputy Magistrate, Chapra. The enquiring Magistrate examined four witnesses, all of whom were named in the petition of complaint and came to the conclusion that no prima facie case had been made out. Acting on the report of the enquiring Magistrate to that effect, the learned Subdivisional Magistrate dismissed the complaint under Section 203 of the Code of Criminal Procedure on the ground that no prima facie case had been made out.

(3.) It was contended by Mr. Kailash Roy for the petitioner that the evidence adduced before the enquiring Magistrate did disclose a prima facie case and, as such, the order of the Subdivisional Magistrate, which, in its turn, was solely based on the report of the enquiring Magistrate, was liable to be set aside. It was, further, contended that the test applied by the enquiring Magistrate for disbelieving the evidence adduced before him was erroneous.