ARIJIT PASAYAT, J.

( 1 ) PETITIONER calls in question correctness of order passed by learned Sub-Divisional Judicial Magistrate. Sadar, Cuttack (in short the 'sdjm') dismissing a complaint filed by him alleging that opp. parties herein committed mischief resulting in death of a calf and therefore, were liable to punished in terms of Section 429 of the Indian Penal Code, 1860 (in short the 'ipc' ).

( 2 ) PETITIONER's complaint indicated following background:- a calf belonging to him suffered from ailment on 12-4-1986. As the ailment aggravated, opp. party No. 1 who is a Veterinary Doctor was called for rendering medical cheek up. Opp. party No. 1, after checking prescribed certain medicines and injections. The daughter of the complainant-petitioner objected to administration of prescribed injenction, since she felt that was risky to be administered, and requested the Doctor to prescribe some other medicine to be orally administered. He prescribed some pills which were given to the calf. On 14-4-1986 the calf suffered from another attack of fits. After examination of its stool, the next day the Doctor prescribed certain injections. This time injections were administered notwithstand