JUDGEMENT - T.K. CHANDRASHEKHARA DAS, J. :---Admit. By consent heard forthwith.

2. The petitioner who is the accused in Criminal Case No. 63/P/1991 on the file of the Judicial Magistrate, F.C., Sattari has filed this petition under section 397 of Cr.P.C.

3. The petitioner on receipt of summons from the Magistrate filed a petition requesting the Magistrate to discharge him from the case mentioned above. The Magistrate refused his prayer by his Order dated 7-12-1994. Against that order the petitioner approached this Court by filing this revision petition.

4. The facts of the case in short is as follows :---

The petitioner is a Range Forest Officer at Sattari at the relevant time. He had to book a case against the first respondent along with eight other persons suspecting them to have committed some offences under the Indian Forest Act. In the process of the investigation of that forest case the petitioner had to call the respondent to his office on 14-9-1991 at 10.30 a.m. and arrested him and released him after necessary interrogation on bail at 10.00 a.m. on the next day. The first respondent thereupon filed a complaint under section 200 Cr.P.C. against the petitioner alleging that the

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