PASAYAT, J.

( 1 ) THIS is an application in terms of Section 378 (4) of the Code of Criminal Procedure, 1973 (in short, the 'code') for grant of special leave to appeal from the order of acquittal in a case instituted upon a complaint by the present petitioner. Notice was issued to the opposite parties on the question of grant of leave.

( 2 ) ON the accusation of having committed an offence punishable under Section 506 of Indian Penal Code, 1860 (in short, 'ipc), the opp. Parties faced trial. Learned Judicial Magistrate First Class, Puri (in short, 'jmfc') recorded an order of acquittal holding that the complainant has not proved his case.

( 3 ) COMPLAINANT's version essentially runs as follows : the occurrence took place on 25-2-1992 in a village road, accused persons surrounded the complainant, abused him in filthy language, and had the witnesses examined not intervened, he would have suffered further injuries in addition to injuries sustained on account of fist blows given by Nabaghana @ Nabina, Opp. party no. 1.

( 4 ) LEARNED JMFC with reference to evidence on record held that because the complainant admitted that he was not alarmed by threat given by accused persons, ingre