( 1 ) LEAVE granted.

( 2 ) THE complainant is the appellant in this Court assailing the order of the High Court in revision setting aside the cognizance taken by the Magistrate on the basis of a complaint. It transpires that in respect of the incident in question an F. I. R. was lodged on 15th of September, 1995 making out an offence under Sections 279 and 338 of the Indian Penal Code (IPC ). The police on investigation into the offence, filed the final form which was accepted by order dated 27-1-1996. On 19-4-1996 a Protest Petition is alleged to have been filed and on that petition the Magistrate by order dated 7-1-1998 directed that the same be treated as a complaint. The Magistrate then held an inquiry under Section 202 of the Code of Criminal Procedure (Cr. P. C.) and ultimately, on the basis of the materials produced in the inquiry, taking the same with the allegations made in the Protest Petition which has already been treated as a complaint, took cognizance under Sections 279 and 338, IPC. The accused then filed an application for dismissal of the complaint before the Magistrate on 12-3-1994. The Magistrate, however, dismissed the same on 24-8-1997. The accused then moved t