1. This application is directed against an order of the Chief Judicial Magistrate, Nalanda dated 30-3-1976 by which the learned Magistrate restored complaint case No. 301 (C) of 1975 which he had dismissed earlier.

2. The relevant facts for the purpose of this case are shortly these. On 13th of July, 1974 Chaukidar Hari Paswan gave an information at Silao (Nalanda) Police Station that at 9 P. M. he heard that a dead body was Iying in village Nirpur. The Assistant Sub-Inspector of Police and some others went to village Nirpur and recovered a headless dead body from the river. One Sheo Pd. Singh submitted a written report at Silao Police Station on the basis of which a first information report under Sec.303/261 of the I. P. C. was drawn up against unknown persons. During the investigation it transpired at first that the dead body was that of one Kapendra Singh, but after some time the said Kapendra Singh appeared before the police. Subsequently it was alleged that the dead body was that of Sheobalak Chamar, brother of opposite party No. 2, Saukhi Chamar. On 14-8-1975 the Police submitted final report in the base to the effect that the case was true but there was insufficient