1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 27.8.2001 passed by Sri Chandra Pathak. Judicial Magistrate, 1st Class, Siwan in Complaint Case No. 1094/2001 (Tr. No. 1172/2001) under which he has ordered to issue summons against the petitioner Swami Madhwashramji Maharaj @ Swami Madhwashram and ors. for standing trial for the offence under Sections 153, 500. 501/34 of the Indian Penal Code.

2. Heard both the sides.

3. The case of the complainant in short is that the complainant (O.P.No.2) is the disciple of Jagatguru Shankaracharya Swami Swarupanand Saraswatiji Maharaj. The said Swamiji has lacs of disciples in all over India and abroad. On 18.6.2001 the Editor of a Hindi daily Amar Ujala published the statement of the petitioner to the effect that Jagatguru Swami Swarupanand Saraswatiji Maharaj had grabbed the lands of others and also attacked them by himself or through others and he (Swamiji) should oe boycotted by Sanatan Hindus as has been done in Utttaranchal.

4. It has been further alleged that on 23.6.2001 in another Hindi daily Rashtriya Sahara the statement of the petitioner was published in which the alle