JUDGMENT

S. N. Sanyal, J. - This Rule is directed against the order dated August 29, 1980 passed by the learned Chief Metropolitan Magistrate, Calcutta in Case No. C/1918 of 1980, under sections 380/341/504/506 I.P.C. discharging the accused opposite parties Nos. 1 to 3.

2. The complainant petitioner filed a petition on 23.7.80 before the learned Chief Metropolitan Magistrate, Calcutta alleging that since 1977 the petitioner was running a betel shop at 29/A, Chandni Chowk Street, Calcutta and took the said shop by executing a deed of agreement along with his brother-in-law S. A. Wahid on November 25, 1979 and the said Wahid had taken the shop from Md. Osman. The petitioner and his younger brother had been running the shop and had the licence in petitioner's name. The petitioner left for Patna to appear before the Bihar Public Service Commission and his younger brother was looking after the business. On 3.5.80 the petitioner's younger brother also went to Patna for his treatment and he kept the key of the shop with the servant Sharfu. In the meantime the accused opposite party No. 1 snatched away the key from the possession of the servant. The petitioner returned on 18.6.80 and he c