JUDGMENT

Jack, J. - This rule was issued calling upon the District Magistrate of Mymensingh and also upon the opposite party to show cause why an order of the Subordinate Judge u/s 476, Criminal P.C. making a complaint against the petitioner to the Sub-divisional Magistrate u/s 192, Penal Code, and reversing the order of the Munsif should not be set aside on the grounds that the order of the learned Subordinate Judge was illegal and could not be sustained in that the learned Subordinate Judge had no jurisdiction to hear the appeal from the order of the Munsif and make the complaint. The alleged offence arose in connexion with an application in a money execution ease in the Court of the 4th Munsif, Netrokona. There was an alteration made in this application filed before the Munsif and subsequently the opposite party suspected that the decree-holder and the clerk of the pleader, who is the present petitioner, and others had tampered with the application after it was filed. They prayed that the Munsif should make a complaint against these persons. The Munsif held a preliminary enquiry and rejected this application u/s 476 holding that there was no case for prosecution. Thereupon an app