This application is directed against the order dated 9.8.1972 passed in Trial No.1365/72 by Shri B.N Singh, Munsif Magistrate 1st class, Muzaffarpur, taking cognizance of offence under sections 149, 326 and 307 of the Indian Penal Code against the petitioners.

2. The short ground on which this order is assailed is that the police report which has formed the basis for taking cognizance does not contain any statement of such facts which may constitute any such offences for which cognizance has been taken. It is submitted that under those circumstances there was no basis for taking cognizance of the said offences against the petitioners and so the order be quashed.

3. Learned counsel appearing on behalf of the state has drawn my attention to the provisions of sub-section (5) of section 173 of the Code of Criminal Procedure, 1973 under which a police report will not only contain the nature of information as contained in the said report, but will also be accompanied with all documents or relevant extracts thereof on which the prosecution proposes to rely, other than those already sent to the Magistrate during investigation. The Police report will also be accompanied by statem