Nagendra Prasad Singh, J.

1. The petitioners have questioned the legality of an order dated 25.10.1978 passed by the learned Chief Judicial Magistrate, Aurangabad summoning these petitioners to stand trial under section 395 and section 307 of the Indian Penal Code.

2. It appears that on basis of a first information by one Ramashish Sao lodged on 25.2.1977 before the Officer-in-charge, Obra P.S. a case was registered. Ultimately, a final report was submitted which was received by the learned Chief Judicial Magistrate, Aurangabad (hereinafter referred to as the Magistrate) on 5.8.1977. On 11.11.1977, a petition of complaint was filed by the aforesaid Ramashish Sao in respect of the same occurrence before the Chief Judicial Magistrate for prosecution of these petitioners under sections 395 and 307 of the Indian Penal Code. In that petition of complaint names of 7 witnesses were mentioned.

3. Learned Magistrate, after perusing the petition of complaint, examined the complainant on solemn affirmation and passed an order saying that he shall hold enquiry under section 202 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code). He directed the complainant to p