Ram Nandan Prasad, J.

1. The prayer in this application is to quash the order dated 25.3.1985, passed by the Judicial Magistrate, Sitamarhi in Nanpur P.S. case No. 60 of 1984, whereby the learned Magistrate has taken cognizance of the offence under Section 376, IPC against the petitioner and directed that the case should be committed to the Court of Session.

2. The submission on behalf of the petitioner is that even on the allegations as contained in the petition of complaint no case under Sec. 376, I.P.C. is made out. Opposite-party No. 2 Khaitun Nisha filed a petition of complaint in the court of Sub-Divisional Judicial Magistrate, Sitamarhi, which was forwarded by the court to Nanpur Police Station for instituting a case and investigationg the same. On its basis Nanpur P.S. case No. 60 of 1984 was instituted at the P. Section on 27.9.1984. The allegation in the complaint petition is that complainant Kahitoon Nisha was living in village Bokhra in the house adjacent to the house of the petitioner Mir Wali Mohammad alias Kalu and being a neighbour she used to frequently visit his house and he used to treat her as sali by village relationship. It is stated that the petitione