Nagendra Prasad Singh, J.

1. This application in revision is directed against an order, dated the 19th June, 1973, passed by the Sub-Divisional Magistrate, Barh, taking cognizance against the petitioners under Sec.323 of the Indian Penal Code and transferring the case for disposal to a Munsif-Magistrate, First Class. By that very order, the learned Sub-Divisional Magistrate transferred to the same Munsif-Magistrate an application filed before him by petitioner No. 1 for action under Sec. 476 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code) against the complainant-opposite party.

2. According to the petitioners on the 23rd March, 1973. opposite party No. 2 filed a petition of complaint before the Sub-Divisional Magistrate, alleging therein that, on the 22nd March, 1973, at about 1-30 p. m., he had kept some bamboos for fencing his land which the petitioners started lifting, which led to an altercation between the two parties. Thereafter, it is alleged that petitioner No. 1 assaulted the complainant with a Khanti on his neck and petitioner No. 2 assaulted him with a lathi. The said petition of complaint was put up before Shree Dincsh Prasad Sinha,