Sahai, J.

1. This application by the accused is directed against an order of the 2nd Additional Sessions Judge of Hazaribagh.

2. The relevant facts may be shortly stated. The opposite party filed a petition of complaint before Mr. Muhammad Tamil Hasan, the Subdivisional Magistrate in charge of Sadat Subdivision of Hazaribagh, on the 8th September, 1960. The Magistrate examined the complainant on oath, and ordered an inquiry to be made by the Mukhiya. On the 12th and 30th October 1960, the complainant filed protest petitions before the Magistrate for withdrawal of the inquiry from the Mukhiya. No order was passed. The Mukhiya submitted a report dated the 4th November, 1960, which was placed tor hearing before Mr. R.R. Prasad, the Second Officer, on the 9th November, 1960, along with the protest petitions. By an order of that date, he dismissed the complaint under Sec.203 of the Code of Criminal Procedure. The complainant opposite party filed an application for further inquiry in the Court of Session, and that application was put up for disposal before the 2nd Additional Sessions Judge of Hazaribagh. The learned Judge came to the conclusion that Mr. R.R. Prasad had no jurisdi