1. In the instant writ application the petitioner has prayed for quashing the order dated 2.9.2006 passed by the learned C.J.M., Siwan in Complaint Case No. 82 of 2006 arising out of protest-cum-complaint petition, whereby the learned Chief Judicial Magistrate, Siwan was pleased to take cognizance of offence under Section 302/34 of the I.P.C. and Section 27 of the Arms Act and summoned the petitioner to face trial. He further prayed for a declaration that the order dated 2.9.2006 passed by the C.J.M. in Complaint Case No. 82/06 arising out of protest-cum-complaint petition is in contravention of the proviso to Section 202(2) of the Cr.P.C.

2. Before I proceed to examine the aforesaid provision it would be necessary to give the facts of this case in brief. The informant Ram Ekbal Rai (Respondent No. 4) alleged that on 1.11.1999 at about 1 P.M. while he was talking with his co-villager Janardan Rai, Ram Ji Rai and Jai Mangal Rai at his door one Sudama Singh, Praduman Rai, Pramod Rai having gun in theirs hands arrived there alongwith Manan Rai. Praduman Rai inquired from the informant, the whereabouts of Munna Rai. The informant replied that he was inside the house. In the mea