M.P.Verma, J.

1. This petition has been filed against the order of the learned Sub-divisional Magistrate, dated the 10th September, 1968, by which he ousted the jurisdiction of the Gram Cutcherry and himself took cognizance of an offence under Section 379 of the Indian Penal Code. The short facts leading to this petition may be summarised as under:

2. The complainant filed a petition of complaint before the Sarpanch of the Gram Cutcherry on the 14th September, 1966, alleging that these petitioners had forcibly cut away and removed Marua crops from some plots of Khata No. 233, situate in village Dihura, within the jurisdiction of Tikari police-station in the district of Gaya. The Sarpanch got the matter enquired into by the Mukhiya of the Gram Panchayat. After receipt of that report, the Sarpanch sent the petition of complaint to the Sub-divisional Magistrate, Gaya. The learned Subdivisional Magistrate then took cognizance under Sections 147 and 379 of the Indian Penal Code, and transferred the case to the file of a Munsif-Magistrate for trial. As against that order of taking cognizance, these very petitioners had come up to this Court with the allegation that the lands in q