Petitioner has challenged the order dated 18.06.2010 passed by the Judicial Magistrate, 1st Class, Sasaram by taking cognizance of an offence punishable under Section 420 of the I.P.C. and summoning the petitioner including others to face trial therefor in connection with Complaint Case no.C-39 of 2010.

2. At an initial stage, Complaint Case no.897 of 2007 was filed by Opposite Party no.2, Ras Bihari Singh, which was sent to a local police for registration as well as investigation whereupon Nokha P. S. Case no.118 of 2007 was registered. After concluding investigation, final form was submitted, which was accepted. At the other end, protest petition pending since before was registered as Complaint Case bearing C-39 of 2010 whereupon enquiry under Section 202 Cr.P.C. commenced by a Magistrate where, the complaint was transferred in terms of Section 192 Cr.P.C. During course of enquiry apart from Solemn Affirmation of the complainant, witnesses were also examined and then thereafter, by the order impugned learned Magistrate took cognizance of an offence punishable under Section 420 I.P.C. as well as summoned the petitioner including others, on account thereof, which has been cha