B.D.Singh, J.

1. These two applications have been filed by two different sets of petitioners. In Criminal Miscellaneous No. 136 of 1975, the petitioner is Rajendra Singh, whereas in Criminal Miscellaneous No. 1007 of 1975, the petitioners are Kapildeo Singh and six others. In both the cases, Jagdish Singh, who is one of the opposite party, is the complainant. In Criminal Miscellaneous No. 136 of 1975, the State of Bihar has also been made as opposite party No. 1. The petitioners in the two cases have filed an application in this court separately under Section 482 of the Code of Criminal Procedure, 973 (hereinafter referred to as the Code) for quashing the order dated the 16th November, 1974 passed by the Chief Judicial Magistrate, Aurangabad, taking cognizance against the petitioners in the two applications under Sections 379, 384 and 342 of the Indian Penal Code on the basis of the complaint lodged by Jagdish Singh (opposite party) and transferred the case to Sri N.K. Kanth, Judicial Magistrate, Second Class, Aurangabad, for disposal.

2. Since the complaint in both the applications is common and the order taking cognizance is also common passed by the Chief Judicial Magist