( 1 ) THIS petition arises out of the order dated 11-10-85 passed by the learned Judicial Magistrate, Ratangarh in Cr. Original Case No. 284/84 (State v. Narsing Das and Others) whereby the preliminary objection raised by the petitioner under Section 195 (b) (ii) of the Criminal Procedure Code was rejected and the case was ordered to be listed for hearing arguments for charge.

( 2 ) THE brief facts leading to this petition are that Police Station. Ratangarh submitted a charge sheet against the petitioners for the trial of the offences under Sections 467, 468, 420 and 120-B I. P. C. in the Court of Judicial Magistrate, Ratangarh. The learned Judicial Magistrate took cognizance on 14-11-84. The petitioners submitted an application on 8-5-85 and raised an objection that the Court could not take cognizance on a challan submitted by the police after investigation on a report by the complainant Ramavtar s/o Inder Chand Agarwal, R/o Ratangarh because the alleged forged document i. e. the affidavit was produced in the proceedings for hearing of bail petition in the High Court. Therefore, unless a complaint is presented by the High Court, cognizance of the alleged offence in other