HARRIES,.J. - (1.) THIS is a petition for revision of an order of a learned Magistrate acquitting the opposite parties under Section 258, Criminal Procedure Code
(2.) THE learned Magistrate held that the whole of the trial was illegal and he did not enter into the merits of the dispute.
(3.) IT appears that a complaint was made to a learned Magistrate alleging offences under Sections 448 and 341, Penal Code. On 6th December 1947, the learned Magistrate passed the following order :" O/C Watgunge, P -S - to make an enquiry and take cognisance if any cognizable offence is made out and send a report by 6th January 1948." The police apparently reported, as an order of 6th January 1948, reads: "Seen report. Complainant absent - file." There is another order of the same date : "Complainant appears by petition. Seen police report. Summon Balai Lal Das and Parmeswar Singh under Sections 488 and 341, Penal Code for 4th February 1948.";