By way of the present petition under Section 378(4) of CrPC, the Petitioner/complaint being aggrieved by the impugned order dated 24.02.2021 passed by the Judicial Magistrate First Class, Raigarh (CG) in Complaint Case No 1525/2009 whereby the learned trial court has discharged the accused/respondents on the ground that the applicant/complaint had failed to discharge their burden to prove by not examining any of their witnesses in relation to the inspection report before framing of the charges.

2.Brief facts of the case are that the petitioner/complainant filed complaint case against the respondents under Section 200 of the Code of Criminal Procedure,1973 (hereinafter referred to as ‘the Code of 1973”) in the Court of Chief Judicial Magistrate, Raigarh vide Complaint Case No. 1525/2009. It is alleged that on 26.10.2009, while inspecting the respondents’ industry, it was found that the construction work of coal washery-0.96 million tonnes per annum proposed by the respondents was underway as foundation and steel work was found to be done for setting up Coal Washery at the site. Some structures were fabricated for making columns and brackets were lying at the site. Apart from thi