Honble SEMA. J.–Leave granted.

(2). This appeal is preferred by accused, nine in numbers, against the judgment and order dated 8.10.2002 passed by the High Court whereby the High Court directed the concerned Magistrate to proceed in the matter in accordance with law as contained in Section 209 of the Code of Criminal Procedure.

(3). We have heard learned counsel for the appellant as well as the learned public prosecutor for the State.

(4). The controversy involved in this appeal is in short compass being purely a question of law and it may not be necessary to recite the entire facts leading to the filing of the present appeal.

(5). Complaint Case No. 223C/ 1996 was filed before the Sub- Divisional, Judicial Magistrate, Sikrahana at Motihari, District East Champaran by Yogendra Prasad - the respondent herein, to the effect that on 7.6.1996 at about 6.00 PM the accused Lalan Chaudhary, Din Bandhu Chaudhary, Sanjeev Kumar @ Ghutan, Lalbabu Prasad, Bhola Shah, Nageshwar Shah, Bhagirat Raut. Joka Majhi and Suruj Raut having formed unlawful assembly and armed with Lathi, Fatta, Farsa, Nalkatwa and Rifle, illegally entered in the residential house of the complainant and indulged in Loot-Paat

Click Here to Read the rest of this document