JUDGMENT :

K.C. Jagadeb Roy, J. - The Petitioner had filed a complaint case bearing No. ICC 14 of 1987 in the court of the Subdivisional Judicial Magistrate, Nowrangpur against the accused persons, who are the opposite parties in this case. The allegation in the complaint case was that they were responsible for the murder of the brother of the Petitioner Kamal Lochan Naik. Since no action was taken by the police on a report filed before them the Petitioner had filed this complaint petition Before the S. D. J. M., Nowrangpur. In the complaint petition, the Petitioner had named ten- witnesses in support of his case.

2. The learned Magistrate after examining the complainant fixed up the enquiry u/s 202, Code of Criminal Procedure and after examining six witnesses including the complainant as p. w. 6, had taken cognizance of an offence u/s 301/149, I.P.C. by his order dated 22-2-1988.

3. Against the order dated 22-2-1988, the opposite parties preferred a criminal Revision bearing No: 39 of 1988 in the court of the Sessions Judge, Jeypore which was ultimately heard by the learned Additional Sessions Judge, Jeypore who remanded the case to the S. D. J. M. directing the Magistrate to cause p