( 1 ) BY this Revisional Application under S. 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 oat of case Reference No. CBI/scb/rc- 12/98 dated 26/09/1989, now pending before the Metropolitan Magistrate, 12th Court at Calcutta, including the Order dated 9/11/1991 passed herein by the Chief Metropolitan Magistrate, Calcutta, (hereinafter referred to as Magistrate) for the reasons stated and on the grounds made oat therein. During the hearing of the application the learned Senior Advocate for the petitioner, Mr. Dilip Kr. Datta, had, however, urged the lone ground that it was incompetent for the learned Magistrate to take cognizance of the alleged offence by his im pugned Order dated 9/11/1991, 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 S. 173 of the Code, as he did.

( 2 ) THE petitioners, along with others, have been prosecuted for havin