ORDER

These two cases were heard analogously with Crl. Revision No. 714 of 1972 and Crl. Misc. Case No. 227 of 1972 as they arise out of the same facts. The petitioner in these cases is the Sub-Divisional Officer of Deogarh who was arrayed as accused No. 21 in the complaint petition filed by the complainant Balaram Sahu (O.P. No. 1) in complaint Case No. 1CC-12/72. Facts have been narrated in detail in Crl. Revision No. 714 of 1972, judgment in which has been pronounced today, and need not be repeated. The following allegations were made against the petitioner by the complainant in the complaint petition. They may be extracted.

"Para. 28. That under the direction of accused No. 4 the police force armed with guns and lathis commenced marching from southern bank of Gohiri river. Accused Nos. 1, 2, 3, 4 and 21 went with them. It is subsequently learnt that the S.D.O. Deogarh (accused No. 21) remained in the Panchayat Bhaban and directed the boatman not to allow any person to and from Gogua village without his orders.

x x x x

Para 38. That accused No. 21 is the local S.D.O. and Magistrate 1st Class but he did not take any action to prevent the atrocity of the police.

Para 3