- (1.) IN this petition, the petitioner has prayed for quashing the order dated 7th June, 2008 passed in Cr. Revision No.12 of 2008 by learned Sessions Judge, Dumka, whereby he has dismissed the revision application and confirmed the order dated 14th December, 2007 passed in P.C.R. Case No.626 of 2006, whereby learned Judicial Magistrate had dismissed the complaint case under Section 203 Cr.P.C.
(2.) GRIEVANCE of the petitioner is that although there were sufficient materials on record, constituting offences under Sections 379, 323, 147 and 506 of the Indian Penal Code against the accused persons, learned Magistrate had erroneously dismissed the complaint. The petitioner preferred revision before the learned Sessions Judge, Dumka, who also did not appreciate the points raised before him and erroneously dismissed the revision. Learned counsel submitted that the learned courts below have not discussed the materials and evidences adduced by the complainant -petitioner and passed lopsided order.
(3.) I have heard learned counsel for the petitioner and perused the orders passed by the learned Magistrate as also the learned Revisional Court. The petitioner has filed the complaint case against the accused/opposite parties alleging theft of paddy by forming unlawful assembly. Learned Magistrate found that the allegation was bald and without any basis. No document whatsoever has been brought before the Court to show prima facie that the land belongs to the petitioner. By way of complaint, the petitioner has made a claim over the property of a different clan showing that one of the members of the clan happened to be his maternal grandfather. No document or any material was brought by the petitioner in support of the said allegation. Learned Magistrate after making enquiry had dismissed the complaint.;