Untwalia J.

This case was referred by a learned• single Judge of this Court for hearing and disposal by a Division Bench. That's how it has come before us. The facts which may be stated briefly are these. The opposite party filed a complaint petition against the petitioner on 17.11.70 in the court of the Magistrate, 1st Class, at Chapra, who had the power to take cognizance of cases on that date. On 18.11.70 the said Magistrate Shri R. Sharan took cognizance of the case for offences under Sections 420, 467 and 471 of the Penal Code. On that date he neither examined the complainant upon oath nor did he direct the issuance of any process, but simply transferred the case to the file of Shri S N. Jha, Munsif Magistrate 1st class, Chapra, for disposal. Shri Jha received the case on transfer on 20.11.70 and on the same day ORDER :ed issue of summons to the petitioner directing him to appear on 3.12.70. The transferee Magistrate also did not examine the complainant on oath. The petitioner filed the present application on 24.11.70 to get the proceeding or the ORDER :quashed. The facts to this extent are not in dispute. I need not state the facts stated by the opposite party in hi