JUDGEMENT

G. K. Misra, C.J. :- Facts may be stated in short. The petitioner is an Assistant Settlement Officer and was in charge of the Baripada Town Settlement Camp on the date of occurrence. The accused were working as Amin, Inspector, Draftsman etc. in the same Settlement Camp on purely contract basis. Some days prior to the date of occurrence opposite parties were agitating for service benefits and resorted to strike. On 5-3-1974 the petitioner was not able to deposit undisbursed money as it was late after his attending to a staff meeting. He carried with him Government money amounting to Rs. 881.50 p. with challans and other papers in a bag to deposit the same next day. While he was coming from the office on a cycle the accused came from behind, caught hold of and assaulted him. They took away the cash and threw away the papers kept in the bag. The petitioner was rescued after the intervention of the police. When he came to his sense he found that the bag was lying on the ground and the money was missing. F.I.R. was lodged on the spot. After registering the case under Sections 379 and 147, I.P.C. the police started investigation. Finally charge-sheet was submitted only against