B. Prasad, .1.- This is an application under section 482 of the Code of Criminal Procedure, 1973, (hereinafter caned the 'Code'). It is directed against the order dated 6. 12.1985 passed by Shri G. P. Singh, Judicial Magistrate, Bhagalpur, in Complaint Case No. 112/85 taking cognizance of the offence against the petitioner and ordering for the issue of summons against him.

2. In this petition it has been contended that opposite party no. 2 had filed the above mentioned complaint case in the court of the Chief Judicial Magistrate, Bhagalpur against the present petitioner (the officer-in-charge of Barari Police Station) and others. The allegations made out in the complaint petition were that the complainant (opposite party no. 2) had purchased 9 Kathas and 15 dhurs of land of Holding No. 17-A on which there was a cottage where the complainant was living along with two cows etc. and his belongings. It was further alleged that on 4.6.1985 at about 10 A. M. accused Kameshwar Jha of that case along with several others came there. S. I. of Police and the police constables also carne with them. The Police officer asked the wife of opposite party no. 2 to vacate the house in question