JUDGMENT

R.K. Dash, J. - The petitioner was the complainant and the opposite parties being the Police officers were the accused persons in Complaint Case No. 126 of 1991 of the Court of the Judicial Magistrate, First Class (Rural), Cuttack. The case was initiated for the offences under sections 323, 342, 294 and 504 read with section 34, I.P.C. Since the accused persons were the Officer-incharge, A.S.Is. and Constable of Baranga P.S., after filing of the complaint, the Magistrate held inquiry under section 202, Cr. P.C. and on conclusion thereof took cognizance of the offences under sections 323,294, 504 and 342 read with section 34, I.P.C. and issued summons to the accused persons. In response to the summons, the accused persons filed a petition under section 205, Cr. P.C. to dispense with their personal attendance which was accordingly allowed. The case suffered a few adjournments. However, on 21--11-1992 the complainant being ready for hearing, filed Hazira of one witness. Since the accused persons were absent, the court having waited till 2 P.M. adjourned the case to 21-12-1992 and issued non-bailable warrant of arrest against them fixing 21-12-1992 for their appearance. Subseq