L. RATH, J.

( 1 ) A complaint filed by the petitioner having been dismissed under section 203, Cr. P. C. by the S. D. J. M. , Bhubaneswar, the petitioner has moved this Court in revision. The petitioner came before the court with the allegation that the opposite parties, all police officers of the Sahidnagar P. S. , Bhubaneswar, District Pun, had assaulted his son severely on 24/3/1985 at about 12 OTclock in the night. On the complaint being filed, the learned S. D. I. M. after recording the statement of the complainant and examining two witnesses under section 202, Cr. P. C. and on perusal of the complaint petition, the initial statement as well as the statements of the witnesses rejected the complaint.

( 2 ) A perusal of the order of the learned Magistrate discloses besides the errors of appreciation of evidence, that he has not kept the provision of law in view. It was observed by the learned Magistrate that from the evidence of P. W. 1 it appeared that the opposite parties bad never assaulted the son of the petitioner, even though no such statement was made by P. W. 1. He is only a witness to the fact of having seen the opposite parties tying up the son of the petitioner and