L. RATH, J.

( 1 ) THIS revision has been referred to the Division Bench by order of Hon'ble Mr. J. K. Mohanty, J. (as he then was) on the question whether in a warrant case instituted upon a complaint, the accused persons can be discharged under 245 (2), Criminal P. C. if after repeated opportunity the complainant fails to produce any material evidence.

( 2 ) THE petitioner filed a complaint before the Sub-Divisional Judicial Magistrate, Bhubaneswar against the opposite parties on which 1. 00 No. 1 of 1977 was registered. The learned Sub-divisional Judicial Magistrate, Bhubaneswar took cognizance in the case on 19-1-1977 under Ss. 379 and 323, Penal Code and after examining the petitioner directed summons to be issued to the opposite parties for appearance. Thereafter several, dates of hearing were fixed with direction to the petitioner to bring his witnesses but however since after various adjournments the petitioner did not produce any witness, the learned Magistrate recorded an order on 29-11-1979 as follows : -"even after repeated opportunities complainant had failed to produce any material evidence to frame charge. The accused persons are discharged under S. 245 (1), Crimina