B.D.Singh, J.

1. This application under Sections 435 and 439 of the Code of Criminal Procedure (hereinafter referred to as the Code) has been preferred by the sole petitioner against the order dated 22-8-69 of the Sub-divisional Magistrate taking cognizance against the petitioner.

2. In order to appreciate the point for consideration in this application it will be necessary to mention briefly the facts. On 11-8-69 one Sardha Pahan filed a petition of complaint before the Sub-divisional Magistrate stating therein that about a month earlier the petitioner got cut six Sarna Sal Trees in Village Dulli. Police Station Khelari in the district of Ranchi by employing certain persons. Those trees, according to the complainant, were pious and religious and they were worshipped by the community to which the complainant belongs, as deities. The complainant along with the witnesses named in the petition went to the petitioner and requested him not to get those trees cut. Thereupon the petitioner threatened the complainant and his witnesses with dire consequences. The complainant along with his witnesses then went to opposite party Ram Das Singh, Mukhia of the village and informed him ab