Nagendra Prasad Singh, J.

This application is directed against an order dated the 3rd June, 1974 passed by the learned Sub-Divisional Judicial Magistrate, Patna City, in exercise of powers conferred 'on him under section 204 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the (new Code), by which, after looking into the statement of the complainant on solemn affirmation and the statements of the witnesses examined in course of the inquiry, the learned Magistrate held that a prima facie case under section 148, 447, 452, 380 and 504 of the Indian Penal Code was made out against the petitioners. Accordingly he summoned the petitioners to stand their trial.

2. On the 1st October, 1973, a complaint was filed by Griwardhari Mahto against the petitioners before the Sub-Divisional Magistrate, Patna City, alleging, inter alia, that the petitioners, along with eight other persons, came in the office room of the complainant Headmaster of Mahanth Harihar Das High school, Poonadih, armed with lathi, bhala, garasa etc., and abused the complainant. When the complainant protested; the petitioners asked him to keep quiet otherwise he would be killed. Thereafter, the peti