S.N.Pathak, J.

1. This revision has been filed against the impugned order dated 11.5.2001 passed by Addl. Sess. Judge, I, Saharsa, in criminal revision No. 119/1999. By the aforesaid order the Sessions Judge set-aside the order of cognizance passed by Judicial Magistrate, Supaul, on 2.2.1999 in complaint case No. 536/1998.

2. Relevant facts in precise terms are that the revisionist before this court had filed the aforesaid complaint case alleging therein that a report filed by O.P.No.2 of this revision with Hindustan, Hindi Daily, making certain imputations regarding embezzlement of the fund of Vyapar Mandal was wrong or false and, hence, cognizance was sought to be taken against Navin Nishant the co-respondent of the Daily Hindustan. The Judicial Magistrate had taken cognizance after enquiry under Section 202 Cr. P. C. against which revision was filed before the Sessions Judge by the co-respondent and by the impugned judgment the Sessions Judge set-aside the cognizance order and remitted the case to the Judicial Magistrate for passing a fresh order.

3. The impugned judgment of the Sessions Judge was challenged, firstly, on the ground that the order of cognizance was an int