This Rule arises on an application under Ss. 481/482 of the Code and is directed against order dated 6th February, 1979, passed by Shri S.N. Maity, Judicial Magistrate, 4th Court, Alipore in C.R. Case No. 1157 of 1976 under Ss. 323/324/448 I.P.C. rejecting an application under S. 319 of the Code of Criminal Procedure, 1973, filed on behalf of the prosecution.

2. The learned Sub-Divisional Magistrate directed the O.C. Tollygunge P.S. under S. 156 of the Code to treat the complaint of the petitioner against Opposite Parties as the F.I.R. The police, on receipt of the complaints, started a case. After, investigation, the police submitted challan against the accused Himangshu Chatterjee under S. 324 I.P.C. The I.O. prayed for discharged of the two other accused Arunangsu Chatterji and Biswwanath Chatterji. On behalf of the prosecution, an application was filed on behalf of the State for summoning two other accused. After hearing the parties, the learned Magistrate held that there was prima facie evidence against two other accused under S. 324 I.P.C. and issued summons. After hearing the parties and perusing all papers and considering the materials on record the learned Magistrat