( 1 ) -BY this Revisional Application under section 482 of the Code of Criminal Procedure (hereinafter referred to as Code) the two accused Petitioners Raghubir Saran Jain and Ashok Kr. Jain (hereinafter referred to as Petitioners) have prayed the Court for quashing of the relevant Proceedings, being G. R. Case No. 3574 of 1991, arising out of Case Reference No. CBI/scb/rc-12/89 dated 26th September 1989, now pending before the Metropolitan Magistrate, 12th Court at Calcutta, including the Order dated 9th November, 1991 passed therein by the Chief Metropolitan Magistrate, Calcutta, (hereinafter referred to as Magistrate) for the reasons stated and on the grounds made out therein. During the hearing of the application the teamed Senior Advocate for the Petitioner, Mr. Dilip Kr. Dutta, had, however, urged the lone ground that it was incompetent for the learned Magistrate, to take cognizance of the alleged offence by his impugned Order dated 9th November, 1991, only on the basis of the Charge-Sheet, in the absence of the documents required to be furnished to the Court under sub-section (5) of section 173 of the Code, as he did.

( 2 ) THE Petitioners, along with other