- (1.) HEARD the parties.
(2.) IN this application the petitioner has challenged the orders dated 3.3.03 passed by the learned Magistrate in Case No. C1 -1150/02 dismissing the protest petition filed by the petitioner and accepting the final report submitted by the Police under Section 173 Cr.P.C as well as the order dated 3.7.03 passed by the learned Sessions Judge, Jamshedpur dismissing the revision application filed by the petitioner against the aforesaid order dated 3.3.03 passed by the Magistrate. The short facts leading to the present application are that the petitioner lodged an F.I.R being Mango P.S. Case No. 66/02 against the O.P Nos. 2 and 3 which was registered under Sections 386/ 427/504/506 IPC. It was alleged in the FIR that the accused persons (i.e. O.P Nos. 2 and 3 herein) were collecting "Rangdari" Tax from the villagers and in that course they demanded Rs. 30,000/from the petitioner and when he did not oblige them the accused persons came on 3.3.02 and destroyed all the earthen pots kept there and constructed a hut in front of the house of the petitioner over a public land. The accused persons further extended threat of assault to the petitioner.
(3.) AFTER completion of the investigation, the Police submitted the final report under Section 173 Cr.P.C stating the case to be of civil nature. Against submission of the final report by the Police, the petitioner filed a protest petition before the learned Magistrate which on consideration of the facts and materials on record and after hearing the parties, was dismissed by the impugned order dated 3.3.03.;