JUDGMENT :

1. Appellant/complainant has preferred this appeal being aggrieved with order dated 16.11.2016 passed by learned Chief Judicial Magistrate, Baloda Bazar – Bhatapara, (CG) in Criminal Case No.S-123/2015, whereby respondent Nos.1 & 2/accused has been discharge from the charges punishable under Sections 294, 323 & 506 (II) of the IPC.

2. Appellant has filed a criminal complaint before the CJM, Baloda Bazar – Bhatapara against the respondent Nos.1 & 2/accused alleging therein that on 23.11.2013 both the respondents abused the complainant in filthy language, threatened for his life and also assaulted him. On the basis of complaint, complaint case was registered against the respondents/accused by learned CJM. Since it was a warrant case based on complaint made by complainant, the matter was posted for recording of evidence of complainant before charge. On 16.11.2016 when the matter was called, neither the complainant nor his Counsel appeared before the Court of Magistrate and, therefore, learned CJM vide impugned order dated 16.11.2016 discharged the respondents/ accused for the offences punishable under Sections 294, 323 & 506 (II) of IPC on the ground that no material was avai