JUDGMENT :

G.K. Misra, C.J. - Out of the same facts G.R. Case No. 109 of 1972 and G.R. Case No. 107 of 1972 have been filed at the instance of the police against Balaram Sahu (opposite party No. 1) and others. Balaram Sahu filed Complaint Case No. 1-CC. 12/72 against the Petitioner, the Sub-Divisional Officer, Deogarh (opposite party No. 21) and other persons of the police force and forest department. Naturally different versions of the respective story have been given.

2. Facts as narrated in this revision application, based on the F.I.Rs. in the two G.R. cases, may be stated in chronological order.

Two forest guards lodged a written F.I.R. at Naikul Police Station at 7-30 a.m. on 10-7-1972 alleging therein that Balaram Sahu (opp. party No. 1) had stolen three dry Sal logs and those logs were lying in his thrashing-floor. These three logs had been found by those two forest guards (informants) as lying cut in the reserve forest on 1-7-1972. On that date they seized the Sal logs and put hammer marks thereon. They used to keep watch on the seized logs to detect the culprits who had illicitly felled the same. It was difficult for them to remain alert every night. In the afternoon of 9-7-