1. Heard learned counsel for the petitioners and learned counsel for the State. In spite of notice to complaint OP No. 2, she has not chosen to appear and contest this revision application.

2. The impugned order of cognizance dated 13.2.2002 passed by Judicial Magistrate Patna in complaint case no. 1915(c)/ 2001 has been assailed by the accused persons who are petitioners in the revision petition mainly on the ground that order of cognizance is contrary to provisions in Section 210 of the Code of Criminal Procedure. According to learned counsel for the petitioner, with regard to the same very occurrence Budha Colony PS Case No. 93 of 2001 was instituted at the instance of the complainant on 30.9.2001 and the said police case is still pending at the stage of investigation. Allegedly the complainant has suppressed this fact in the complaint petition and when the petitioners wanted to bring this fact to the notice of the learned Magistrate, they were not permitted to do so on the ground that accused persons have no locus standi till cognizance is taken by the court.

3. The materials on record which have not been controverted by any of the parties support the contention that a