O R D E R

02.11.2021 None appears on call for the petitioner.

2. Heard Mr. R.K. Choudhury, learned counsel appearing on behalf of Mr.

H.R.A. Choudhury, learned Senior Counsel for the respondent.

3. This revision petition under Section 397/ 401 of the Code of Criminal Procedure is directed against the order dated 07.01.2009 passed by the learned Chief Judicial Magistrate, Dibrugarh in C.R. Case No. 318/2008 under Section

352 of the IPC, which order is as under:

“Complainant is present. Accused is also present.

The particulars of offence u/s 352 IPC stated to the accused to which accused pleaded not guilty.

Fix on 21.2.09 for evidence.”

4. On 26.08.2008, the respondent had filed a complaint case before the Court of the learned Chief Judicial Magistrate, Dibrugarh, which was registered as C.R. Case No. 318/2008 against the Bata India Ltd. and four others including the present petitioner.

5. The primary allegation made in the complaint case dated 26.08.2008 against the present petitioner has been highlighted in paragraph 9 thereof, which are as follows:

“9. That on 21.08.2008 at about 11.15 A.M. when the complainant was discharging his official duty at the shop of Bata Shoe Stores, R.K.B. Path, D