D. P. Sinha, J.

The petitioner, Jeewan Agrawalla has moved this court for quashing an order, dated 2. 12. 1975, by which the Chief Judicial Magistrate of Dhanbad has staken cognizance of offence under rules 69(1) and rule 169 of the Defence and Internal Security of India Rules, 1971 (hereinafter referred to as 'the Rules') on the basis of a charge sheet dated 4. 10. 75 submitted by the officer incharge of the Dhanbad Police Station.

2. The order has been assailed by learned Counsel for the petitioner on the ground that the charge-sheet does not contain facts, which would amount to contravention of rule 69(1) or rule 169 of the Rules and that, as such, the Chief Judicial Magistrate had no jurisdiction to take cognizance of any offence under rule 69(1) or rule 169 of the Rules in view of the provisions of rule 183 of the Rules.

3. Rule 183(1) lays down that no court of tribunal shall take cognizance of any alleged contravention of the Rules, or any order made there under, except on a report in writing of the facts constituting such contravention, made by a public servant.

4. It is not in dispute that a valid order under rule 69(1) of the Rules had been made by the District Magist