JUDGMENT

B. K. Rchera, J. - Upon hearing Mr. S.K. Padhi for the petitioners, Mr. S C. Mohapatra for the opposite party No.1 and Mr. R.K Palra the learned additional Government Advocate, we find that the impugned order passed by the learned Judicial Magistrate, Digapahandi, taking cognizance of alleged commission of offences by the petitioners punishable under Sections 148, 302 read with Section 149 and 302 read with Section 109 of the Indian Penal Code on the basis of a petition of complaint by the opposite party No. 1 which has been maintained by Mr. C.R. Pal, the learned Sessions Judge, Berhampur, must be set at naught, for the reasons to follow.

2. On the basis of a first information report in respect of the same incident, investigation bad been taken up by the police agency and on its completion a charge sheet bad been placed against the petitioners Ramesh Samal, Alekh Mandai, Raghunath Nahak and Bishnu Mandal and the other petitioners were not proceeded against. An application made under Section 319 of the Code of Criminal Procedure (for short, the Code) for impletion of the petitioners against whom charge-sheet had not been placed had been rejected.

3. Three of the petitioner