Birendra Prasad Sinha, J.

1. This application is directed against an order dated 27.08.1979 passed by the Additional Chief Judicial Magistrate, Araria, in Bhargawa P. S. Case No. 7(8) 74. By this order, the learned Additional Chief Judicial Magistrate took cognizance of the offence u/s. 395 of the Indian Penal Code against the petitioners on the basis of a supplementary charge-sheet submitted by the police.

2. In the night of 12/13.08.1974, a dacoity is said to have taken place in the house of the first informant Prem Lal Mahto. The information was lodged with the police in which the petitioners were also named as accused. On 14.04.1976, the police submitted charge-sheet against only two persons namely Bindeshwar Mahto and one another. The final report was submitted against the petitioners. The first informant thereupon filed a Protest petition which was rejected by the Court on 8.08.1978. Cognizance was taken against the two charge-sheet accused persons and the case was thereafter committed to the Court of Session. On 28.03.1979, the learned Magistrate directed the police to send a copy of the order of the Superintendent of Police to re-open the case. He, however, observed