JUDGMENT :

J.K. Mohanty, J. - Niranjan Sahu, opposite party in this revision, lodged an information at Tangi Police Station (Tangi P.S. Case No. 75/76) on 31-5-1976 at 6.00 p.m. with reward to an occurrence of the same day against the Petitioners and some others. Police, after investigation, submitted charge-sheet under Sections 147, 323 and 324. Indian Penal Code against the Petitioners and a case was registered as G.R. Case No. 394 of 1976 The Magistrate took cognizance of the offences on 29-10-1976.

Thereafter the copies of the police papers were supplied to the accused persons and the case was taken up for consideration of the changes on 3-6-1977. On that day the learned Magistrate heard the defence counsel, who submitted that the copies of the police papers supplied to him do not disclose any case against the accused persons and prayed for discharge of the accused persons. The learned Magistrate heard the learned Assistant Public Prosecutor, who appeared on behalf of the prosecution, and passed the following order:

Perused the Case Diary. The case .diary reveals that except the statement of Niranjan Sahu, the informant himself, no other statements of other witnesses is recorded b