This application under Section 439 of the Code of Criminal Procedure by the six petitioners is directed against the order dated 19-11-1972 passed by the Sessions Judge, Cachar, directing further enquiry into the case.

2. The facts of the case briefly are as follows :

On 24-4-1967 the opposite party No. 1 Sukhamoy Das, filed an ejahar at the Katigorah police station against the petitioners with the allegations that the latter trespassed into his homestead and set fire to two of his houses and caused loss to the extent of Rs. 3,000/-. On receipt of the ejahar, police registered a case but after investigation submitted final report on 16th July, 1967. Opposite Party No. 1 then filed a naraji petition in the Criminal Court at Silchar and the Magistrate, after an enquiry under Section 202 of the Code of Criminal Procedure, issued summonses against the petitioners for an offence under Section 436 of the Penal Code. In course of the preliminary enquiry seven witnesses including the complainant were examined and cross-examined by the prosecution. The police diary was also perused by the Magistrate. The learned Magistrate then by his order dated 13th July, 1971, discharged the petitio