Shivanugrah Narain, J.

This application by one Asharfi Sao (P.W. 6) is directed against the ORDER :dated, 12.4.1977 of Mr. Anirudh Prasad Singh, Magistrate, Second Class, Nawadah acquitting the opposite parties of offences under Sections 380 and 454 of the Penal Code with which they had been charged.

2. The prosecution case, briefly stated is that on 4.8.1972 at about 7 A.M. the opposite parties came to a house situate at Warsaliganj, which was in possession of Asharfi Sao, the petitioner, as usufructuary mortgagee of the same and a part of which was in possession of the informant Ramdeyal Ram who had been inducted as tenant by the said Asharfi Sao. The prosecution case further is that the opposite parties enquired about Asharfi Sao and when they were informed by Ramdeyal that Asharfi had gone out, they abused Ramdeyal and asked him to vacate the house, that Ramdeyal being terrorised vacated the house and removed all his belongings and was coerced by the opposite parties to give in writing that he was vacating the house out of his own sweet will and that, thereafter, the opposite parties removed all the articles of Asharfi kept in the house, put them en a rickshaw and went