J. M. MAHAPATRA, J.

( 1 ) BOTH the revisions filed by the accused persons in the complaint case bearing ICC 17 of 1983 and G. R. Case No. 1299/82, are directed against the order dated 25-3-1986 of the learned Sessions Judge, Ganjam, Berhampur in Criminal Revisions Nos. 92 and 93 of 1986. The facts of the case and the points of law as also the parties in both the cases being common, both the matters have been heard together and this common judgment would govern both.

( 2 ) THE facts of the case may be briefly stated thus : Opposite party No. 2 Susanta Kumar Hota lodged FIR on 29-10-82 at Berhampur Sadar Police Station alleging certain overtacts against eight persons who are included amongst the petitioners. The police investigated into the case and eventually submitted final report on 6-4-83. On perusal of the final report, refer notice and Case Diary, the learned Chief Judicial Magistrate took cognizance of the offences under Ss. 148, 324, 323 and 426/149, IPC. In the meantime opposite party No. 2 Susanta Kumar Hota filed a complaint case in the court of the Chief Judicial Magistrate, Ganjam, Berhampur on 28-2-83 against the present petitioners and two others since dead alleging o