JUDGMENT

K.C. Jagadeb Roy, J.- The petitioner had filed a complaint case bearing No.1 C.C. 14 of 1987 in the Court of the Sub-divisional Judicial Magistrate, Nowrangpur against the accused persons, who are the opposite parties in this case. The allegation in the complaint case was that they were responsible for the murder of the brother of the petitioner Kamal Lochan Naik. Since no action was taken by the police on a report filed before them the petitioner had filed this complaint petition before the S.D.J.M., Nowrangpur. In the complaint petition, the petitioner had nan1ed ten witnesses in support of his case.

2. The learned Magistrate after examining the complainant fixed up the enquiry under Section 202 of the Criminal Procedure Code and after examining six witnesses including the complainant as P.W. 6, had taken cognizance of an offence under section 301/149 of the Indian Penal Code by his order dated 22-2-1988.

3. Against the order dated 22-2-1988, the opposite parties preferred a Criminal Revision bearing No. 39 of 1988 in the court of the Sessions Judge, Joypore which was ultimately heard by the learned Additional Sessions Judge, Joypore who remanded the case to the S.D.J.M.