The Magistrate is required to examine the complainant on oath and conduct an inquiry under Section 202, Cr. P. C. before dismissing a complaint petition under Section 203, Cr. P. C.

B. K. PATRA, J.

( 1 ) THIS is an application in revision directed against an order dated 23-3-66 passed by the S. D. M. , Khurda, and confirmed in revision by the A. D. M. (J), Puri in the following circumstances.

( 2 ) THE petitioner lodged information at the Bolagarh P. S. that he was a bhagchasi in respect of plot Nos. 231 and 228 in Khata No. 63 in mouza Shyamsundarpur under the landlord Paramananda Mahapatra and that he raised crops in the land during the disputed year and in due course cut and kept the same in the field for subsequently making them into sheaves and that thereafter the opposite party and these two brothers along with a number of labourers trespassed into the land and removed the crops therefrom. The Police after investigation submitted a final report on the ground of mistake of law. The petitioner thereupon filed a protest petition in the court of the S. D. M. , Khurda, with a prayer for rejecting the final report submitted by the police and to call upon the latter to submit charge-sheet. The S. D. M. without examining the petitioner on oath and without proceeding in accordance with the provisions laid down in Chapter XVI of the Code of Criminal procedure rejected the petition on the ground that the local police had visited the spot and had examined boundary witnesses, who affirmed the possession of the opposite party as bhagchasi of the land and that the petitioner's case was supported by only the landlord Paramananda Mahapatra. Against this order the petitioner filed a revision petition before the A. D. M. (J), Puri who rejected it on the ground that the dispute appeared to him to be of civil nature. It is the procedure followed by the Magistrate and the correctness of the orders passed by him and the A. D. M. , (J) that are now challenged before me.

( 3 ) IT is now settled by the decision of the Suppreme Court reported in Abhinandan jha v. Dinesh Mishra, AIR 1968 SC 117 that

"there is no power, expressly or impliedly conferred, tinder the Code on a Magistrate to call upon the police to submit a charge-sheet, when they have sent a report under section 169 of the Code, that there is no case made out for sending up an accused for trial. "

Their Lordships indicated that where such a final report is received from the police, the Magistrate may either accept it and close the proceeding or the Magistrate may take the view, on a consideration of the final report, that the opinion formed by the police is not based on a full and complete investigation and may give directions to the police under Section 156 (3) to make a further investigation. The police, after such further investigation, may submit a charge-sheet, or, again submit a final report, depending upon the further investigation made by them. If ultimately, the Magistrate forms the opinion that the facts, set Out in the final report, constitute an offence, he can take cognizance of the offence, under Section 190 (1) (b), notwithstanding the contrary opinion of the police, expressed in the final report.

( 4 ) IT is not clear from the records whether the S. D. M, had accepted the final report submitted by the police before the petitioner filed the protest petition before him. Even if he did so, that would not stand in the way of his entertaining a complaint filed by the petitioner and if he is satisfied after examining the petitioner and the witnesses produced by him that there is a prima facie case, he may summon the accused under Section 204, Cr. P. C. In this case, as stated before a protest petition was filed by the petitioner no doubt with the prayer that the magistrate should call for a charge-sheet. Doubtless as held in the Supreme Court decision referred to above, the Magistrate had no power to call for a charge-sheet as prayed for by the petitioner, but this does not mean that he should on that account be disentitled to get such relief as is provided by law. "complaint" as defined in Section 4, Cr. P. C. is an allegation made orally or in writin