1. Heard learned counsel for the petitioners and learned counsel for the opposite party.

2. In this application, petitioners have challenged orders dated 19.10.2006 and 20.10.2006 passed by learned Chief Judicial Magistrate, Araria in Complaint Case No. C2254 of 2006.

3. By order dated 19.10.2006 the court below has not passed any order on the petition filed on behalf of the petitioners bringing to the notice of the court that a police case has been registered in respect of the same offence and therefore the proceeding in the complaint case should be stayed. Learned court below has found that the judgment of this Court relied upon on behalf of the accused persons was not complete. The court below has also found that no document was filed on behalf of the accused persons in support of their claim that police case in respect of the same offence is pending investigation. Therefore, the court below did not pass any order on the petition filed on behalf of the accused persons for stay of the proceeding in the complaint case. Subsequently, on the next day i.e. on 20.10.2006 learned court below perused the complaint petition and the evidence on record and took cognizance against t