ORDER

A. Misra, J. - Petitioner No. 1 is the sub-Inspector and petitioners Nos. 2 to 4 are constables. On 19.2-65, cne Jagabandhu Sahu of Manjuri Eoad lodged an P. I. E, alleging that a dacoity was committed at his house on the night of 18.2 65. Opp. party filed a complaint before the S. D. M., Bhadrak on 24-2-65 alleging that in connection with the aforementioned report of dacoity, her husband Chandra, moni Jena as well as his brother and brother's son were taken to the house of Jagabandhu where they were brutally assaulted, as a result of which, Chandramoni died. Thereafter, petitioners secretly carried the dead body and put it on the railway track to make it appear that death resulted due to falling under a moving train. This complaint was sent by the 8. D. M., Bhadrak to the Magistrate, 1st Class (Exe. cutive) for enquiry u/s 202, Criminal P.C. The enquiring Magistrate submitted his report on 19 6-65 expressing the opinion that the complaint was malicious and did not warrant taking cognizance. After reoeipt of the report, the learned 8. D. M. made further enquiries, finally accepted the report and dig. missed the complaint petition u/s 203 Criminal P.C. on 15-1-66. Against the s