ORDER

Heard learned counsel for the petitioner. The opposite party has not entered appearance after service of notice.

2. Petitioner is the complainant in I.C.C. No. 175 of 1991 pending in the Court of Judicial Magistrate First Class, Khurda. On 11.10.1991 he filed a complaint petition alleging commission of offences under Secs. 427/448, IPC against the opposite party members who were the accused persons in that case. In the complaint petition, petitioner has stated that because of the demolition of the compound wall complainant sustained a loss of Rs. 2,000/- (two thousand). In his initial statement, however, petitioner did not state the amount of loss which he sustained. On 28.10.1991, the S.D.J.M. after perusing the complaint petition and initial statement of the complainant took cognizance of the offences under Secs. 426/34, IPC. Thereafter, the accused appeared, accusation was explained to him as per the summons procedure and trial taken up. During the midst of the trial when three witnesses were examined which includes the complainant, his father, and one Sudarsan Baliar Singh, petitioner filed an appli¬cation to alter the charge from under Sec. 426 to Sec. 427, IPC. Learned