The question involved in this case is whether the Judicial Magistrate of the First Class, Ponnani has committed any illegal irregularity or impropriety in the matter of taking cognizance of the offences under Sections 341, 324, 307 and 427 read with Section 34 of the Indian Penal Code as also Section 3 read with Section 25 of the Arms Act against the petitioners herein. The F.I. statement was taken based on Ext. A1 complaint presented by the first respondent on 27-9-96 with regard to an incident which is alleged to have taken place more than 4 years preceding the said date, on 22-9-92. According to the petitioners, the Court below has committed an abuse of the process of the Court in the matter of taking cognizance, not only because of the inordinate delay involved in the matter, but also because of the gross negligence on the part of the complainant to prosecute his cause with due diligence. Yet another irregularity pointed out is the failure on the part of the learned Magistrate to call for and verify the result of investigation conducted by the police earlier with regard to the very same occurrence.

2. On 22-9-92, Crime No. 144/92 of Changaramkulam Police Station was