Judgment

CHINNAPPA REDDY, J. :- On June 26, 1968, Ram Saran Mahto filed a complaint against the appellant and others before the Sub-Divisional Magistrate, Arrah. On April 5, 1969, the Sub-Divisional Magistrate directed the Executive Officer, Samastipur Municipality who, we are told, is a Magistrate, to make an investigation under Sec. 202 Criminal Procedure Code and submit a report. It is not known what investigation was made by the Executive Officer, Samastipur Municipality but he submitted a cryptic report to the effect that a prima facie case was made out against Deepak Kumar Chaudhary, Ataullah and Noor Mohammad and no case was made out against Jagdish Kumar Chaudhary, Baleshwar Kumar Chaudhary and Birendra Chaudhary. The whole of the report may be usefully extracted here:

"Letter No. 695 Dated 29-4-74.

From :

H. B. P. Singh, Executive Officer,

Samastipur Municipality.

To

The Sub-Divisional Officer,

Samastipur.

Sub : Enquiry report into the complaint petition of Sri Ram Saran Mahato.

Sir,

I have enquired into the matter. From my enquiry a prima facie case is made out against the following persons only.

1. Deepak Kumar Chaudhary.

2. Ataullah.

3. Noor Mohammad.

No case is made out against Shri