S.P.Singh, J.

1. Sri Kedar Nath Goenka, resident of Monghyr Town, has moved this Court in revision challenging the propriety and validity of the orders dated 1-2-65 and 8-2-65 passed by Sri V/s. Prasad, the then Subdivisional Magistrate, Sadar, Monghyr, in a Criminal Proceeding instituted against the petitioner, his son and his employee. The relevant facts are these:

2. On a Sunday, the 24th January, 1965, one Murlidhar Singh, Area Karamchari of Monghyr Sadar Anchal, filed a petition of complaint against Sri Kedar Nath Goenka and his son alleging that on 19-1-65 they got a Mohogny tree, standing in khas Mahal land bearing plot No. 151, cut by their men and removed the same. The Subdivisional Magistrate passed the following order at the foot of the petition :-

-

"O. C. Town P. S. Please institute a case under Sec.379/ 109 I. P, C. and investigate--V. Prasad. 24-1-65."

On receipt of this petition along with the aforesaid order of the Sub Divisional Magistrate, the Officer-in-charge of the town Police Station made the following endorsement at the bottom of the complaint petition :

"Received at 12/10 hours and registered case No. 29 dated 24-1-65 under Sec.379/109 I. P. C. and