JUDGMENT :

B.N. Misra, J. - In this revision the Petitioner has prayed that the order dated 23-4-1979 taking cognizance against him in case No. I.C.C. 116 of 1977 passed by the learned Sub-Divisional Magistrate, Cuttack should be quashed.

2. On 1-11-1975 the opposite party filed a complaint petition in the Court of the learned S.D.J.M., Cuttack against the Petitioner and eleven others. The complainant (opposite party) inter alia alleged that the Petitioner had accepted him as a tenant in respect of "My Desire Restaurant" with effect from 5-5-1975, but on the night 7-5-1975 the Petitioner along with his associates dispossessed the opposite party from the tenanted premises and forcibly occupied the same. The opposite party sent First Information Report to the Police Station on the same night but the Police did not take any action. It is further alleged that several applications filed by the opposite party before the City Magistrate were also not duly processed. Accordingly the opposite party filed his complaint petition before the learned S.D.J.M., Cuttack and prayed that cognizance should be taken against the Petitioner and other accused persons and that documents, etc. in G.R. Case N