1. Heard counsel for the petitioner and the State as well as learned counsel appearing on behalf of the Informant.

2. In the instant writ petition the petitioners pray for quashing the order dated 28.8.2006 passed by the learned Chief Judicial Magistrate, Saran at Chapra in u. T. case No.459 of 2008 whereby the learned Magistrate was pleased to take cognizance and summon the accused petitioners to face trial, (b)and further for a declaration that the impugned order dated 28.8.2006 passed by the learned Magistrate, is in violation of the mandatory provisions contained in proviso of sub-section (2) of sec. 202 of the Cr. P. C. as all witnesses mentioned in complaint petition have not been examined by the complainant.

3. The facts of the case in short are as follows; on the statement of respondent no.5, a F. I. R. was lodged bearing Mashrak p. S. Case No.191 of 1995, under sec. 307 of the Indian Penal Code, and under the arms Act, dated 15.8.1995. While the investigation was going on, the informant filed a protest petition on 31.1.1996 alleging therein that investigation is being carried out in a perfunctory manner to protect some of the accused persons. The police after inves