I.P.Singh, J.

1. This application under sections 397 and 401 of the Code of Criminal Procedure, 1973 (in. short the Code) is directed against the judgment dated 16.2.1996 passed by the Additional Sessions Judge-V, Patna in Criminal Revision No. 445/95 by which he was pleased to set aside the order dated 25.7.1995 passed by Shri S.K.Srivastava, Judicial Magistrate 1st Class, Patna in Complaint Case No. 553 (C)/1995 by which the learned Magistrate was pleased to take cognizance of the offence against the opposite party nos. 2 to 6 (the accused in the complaint case before him).

2. From the record it appears that the present petitioner had filed the aforesaid case before the Chief Judicial Magistrate, Patna on 4.7.1995 who transferred the said case under section 192 of the Code to the court of Judicial Magistrate named above for enquiry and trial. Before the Judicial Magistrate the statement on oath of the present petitioner was recorded and in the course of enquiry under section 202 of the Code two witnesses were examined. Subsequently some documents were also filed and after completing the enquiry under section 202 of the Code the learned Magistrate finding sufficient eviden