Judgment

Narasimham, C J

[1] This is a petition in revision to quash proceeding under Section 411 of the Indian Penal Code pending against the petitioners in the Court of a 1st class Magistrate of Boudh on the ground that the entire proceeding was initiated without jurisdiction.

[2] On 14-12-55 one Ramgopal Seth gave a written report at Manmunda police station in Boudh sub-division to the effect that some gold ornaments and cash were stolen from his house. The local police at first recorded merely a station-diary entry but on 16-12-55 they instituted a regular F. I. R. and took up the investigation of the case. After completing investigation a Final Report was submitted on 8-2-56 to the effect that though there was some suspicion against the petitioner Mahatair Prasad Agarwala the evidence was insufficient for submitting charge-sheet against him.

The Final Report appears to have been received in the Sub divisional Magistrate's office on 13-12-56 but there was some delay in its being put up before the Subdivisional Magistrate. On 18-2-56, however, the informant Ramgopal Seth filed a protest petition before the same Magistrate alleging that police had not investigated the case properl