Judgment

Nanavati, J.-This appeal is directed against the judgment and order passed by the Patna High Court in Criminal Revision No. 799/1982.

2. Respondent No. 1 Kamla Prasad Singh has filed a complaint in the Court of Chief Judicial Magistrate, Patna alleging that on 30.3.1982 a Police party headed by Respondent No. 2 raided his house without ob­taining any warrant of search any while carrying out the search Re­spondent Nos. 2 to 4 assaulted his wife, abused her and other persons present in the house and took away certain articles belonging to him. Thus Respondent Nos. 2 to 4 have committed offences punishable under Sections 451, 452, 453, 456, 457, 458, 380, 334, 426 and 120B IPC.

3. The learned Magistrate after recording the statement of the com­plainant felt some doubt about the correctness of his version and, therefore, decided to hold an inquiry under Section 202 Criminal Procedure Code. During the inquiry the complainant, his wife and his two brothers-in-law who were stated to be present at the time of incident; were examined. The complainant refused to examine Shri J.C. Das, Executive Magistrate who was also present when the raid was carried out. After considering the eviden