( 1 ) PETITIONER herein is the original complainant who has questioned the legality of the order with regard to the disposal of muddamal passed by the learned Additional Sessions Judge, at Morvi, in Criminal Revision application No. 24 of 1987, on 24-12-1991, by invoking the aids of the provisions of Sec. 397 read with Sec. 401 of the Criminal Procedure Code, 1973 ("code" for short ).

( 2 ) A conspectus of salient and relevant facts giving birth to the present revision may shortly, be narrated at the outset with a view to appreciate the merits of the revision and the challenge against it.

( 3 ) THE petitioner had filed a Criminal complaint with Morvi Police Station, on 3-6-1985, in connection with the theft of 3 tons of pig iron, committed in his factory premises in the night of 2-6-1985 pursuant to which offence with C. R. No. 63 of 1985 was registered and investigation was commenced.

( 4 ) THE police, during the course of the investigation, had arrested one satwara Jeram as one of the two accused persons, who is respondent No. 2, herein, and co-accused Kalu Mamad could not be traced as he was absconding. On the strength of the complaint, Criminal Case No. 808 of 1985 was