Sinha, J.

1. The petitioner has been summoned to take his trial under Sections 384 and. 504 of the Penal Code by the District Magistrate, Purnea, by his order dated 23-3-1954.

2. The opposite party, Aftabuddin, son of Ashghar Ali, filed a complaint on 7-2-1952, for offences having been committed by the petitioner on 5-2-1952. From the petition of complaint, which is on record, it appears that a party of police men, including the petitioner, who was at that time a Sub-Inspector of Police of Police Station, Islampur, came to the house of the complainant and enquired about an absconder, Faziruddin, who had been implicated in a dacoity ease, and as he bad been evading arrest, proceedings under Sections 87 and 88 of the Criminal P.C. appear to have been taken against him; and this party of police men wanted to attach the properties belonging to Faziruddin.

The opposite party, who is brother of Faziruddin, objected to the attachment of the properties; on the ground that the properties did not belong, to the absconder but they belonged to the opposite party. The Sub-Inspector of Police, the petitioner before this Court, did not attach any importance to the objection raised by the