1. This revision petition is filed by the complainant in a private complaint, S. T. No. 1762/78, on the tile of the Addl. Judicial Magistrate of 1 Class, Quilon, seeking to revise an order passed by that court dismissing the complaint against the 5th accused in the case and issuing summons to accused 1 to 4 only under S.323 read with S.34 I.P.C.

2. The complainant was said to be at the material time working as a pharmacist at the E. S. I. Dispensary, Chathanoor. The 5th accused is the Additional Insurance Medical Officer who was in charge of the dispensary and the 1st accused is the Sub Inspector of Police, Chathanoor. The second accused is the Head Constable and accused 3 and 4 are constables attached to the Chathannoor Police Station.

3. It is said that on a complaint made by the 5th accused alleging theft of medicine from the dispensary with the connivance and instigation of the revision petitioner herein, the revision petitioner was arrested on 10-7-1978 from the dispensary.

4. The allegations in the complaint filed by the revision petitioner are that on 10-7-78 at about 9 a. m. in pursuance of phone call by the 5th accused, accused 1 to 4 came to the dispensary in a t