Judgment

R. L. Narasimham, C J

[1] This is a petition to revise an order dated 8-6-1956, passed by the Subdivisional Magistrate of Bhadrak, calling for charge-sheet under Section 380 I.P.C. against some persons.

[2] The relevant facts are as follows. On 13-1-1956 the opposite party Krushna Chandra Ghadei made a station diary entry at Chanda-bali P.S. to the effect that some persons surrounded his house and looted away some articles on the previous night. On the next day the Police treated the station diary entry as a regular F. I. R. under Section 395 I. P. C. and submitted final report as false on 25-2-1956. That final report was put up before the Sub-divisional Magistrate on 9-3-1956 and he passed the following order:

"F. Rule (Final report) received. The case is false. Await P. Rule under Section 211 I. P. C. against the complainant as proposed R/N not received. Remind the I. O. to send the R/N of the case. Put up on 24-3-56".

The relevant papers were again put up before him on 30-3-1956 when he passed the following order:

"Perused the report of the C. I. There is no sufficient evidence against the complaint to prosecute under Section 211 I. P. C. F. R. false received. Enter