1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner alongwith some others was made an accused in Barun P.S. Case No. 118/06. After investigation police submitted charge-sheet against other accused persons but not against the petitioner. The learned Chief Judicial Magistrate, Aurangabad differed with the opinion of the police and took cognizance of the offence vide order dated 9.1.2007 and decided to proceed even against the petitioner.

3. Before the learned Single Judge, it was submitted on behalf of the petitioner that Magistrate had no power to proceed against the petitioner when he was not charge-sheeted by the police and the proper stage for sum-moning the petitioner could only be the stage under Section 319 of the Code of Criminal Procedure (for short Cr.P.C.) if some materials come against him by way of evidence in the trial. In support of such submission, judgment of a Single Judge of this Court in the case of Ram Nandan Singh V/s. The State of Bihar, 2007 2 PLJR 825 was relied upon with emphasis that the said judgment was passed after considering several judgments of the Apex Court.

4. On going through the judgment in the