O R D E R

Revision is filed challenging the order of discharge passed by Judicial First Class Magistrate, Payyannur in C.C. 249 of 2003 under section 245(2) of Code of Criminal Procedure . Respondents 1 to 3 are the accused. C.C. 249 of 2003 was a case taken cognizance by the learned Magistrate on a protest complaint filed by revision petitioner after the police submitted a refer report. Case of the revision petitioner is that the three accused in furtherance of their common intention committed trespass into his property and also committed theft and thereby committed offences under section 379, 426 and 441 read with section 34 of Indian Penal Code. After issuing summons under section 204 of Cr.P.C., learned Magistrate posted the case C.C.249 of 2003 for recording the evidence of the complainant as provided under section 244 of Cr.P.C. Even though the case was posted on several occasions, for recording the evidence, neither revision petitioner nor any witness was present. Ultimately on 14.11.2006 learned Magistrate discharged the CRRP3729/2008 2 accused holding that as no evidence was adduced and the complainant is constantly absent, the charge against the accused is groundless. It