P. S. Sahay, J.

1. This application is directed against the order of the learned Magistrate dated 9.3.1977 by which he has taken cognizance against the petitioners under sections 147, 148, 323, 324, 379 and 436 of the Indian Penal code.

2. On 10.11.1976 opposite party no.1 lodged a petition of complaint alleging that on 8.11.1976 at 10 p. m. the petitioners after having formed an unlawful assembly came to his house duly armed with bhala, garasa and lathi. It was also his case that at the instance of petitioner Ramaji Tiwari (petitioner no.7), Bhup Narain Tiwari (petitioner no.6) set fire to his house, and on his protest he was assaulted by means of pharsa by petitioner jamuna Tiwari and others. In the petition of complaint 6 persons were named as witnesses. The learned Magistrate examined the complainant on solemn affirmation, and out of the 6 witnesses he examined 4 and 2 witnesses, namely, bechan Bharihar and the Doctor who had examined the injuries of opposite-party no.1 were not produced. The learned Magistrate by his order dated 9.3.1977 took cognizance against the petitioners and summoned them for trial. Being aggrieved by the aforesaid order, the petitioners have mov