1. - In this petition, the petitioner has challenged the order dated March, 27, 1986 of the Additional Sessions Judge No. 1, Bharatpur passed in criminal revision. In the aforesaid order, the learned Addition?! District Judge, Bharatpur dismissed the revision petition preferred before him against the order of the Additional Munsif cum Judicial Magistrate No. 1, Bharatpur dated January 21st, 1986 under which he had taken cognizance for offence under Section 302/34 Indian Penal Code against the accused petitioner.

2. The main ground on which the order taking cognizanee of offence has been challenged is that it is contravention of Section 210 Criminal Procedure Code. To appreciate the rival contentions it is necessary to state the facts which are no longer in dispute.

3. In the night intervening 24th-25th of June, 1985 in the house of Biri Singh, his wife Budhdevi was murdered. A report was lodged by Biri Singh in the police station in which he is said to have admitted his guilt. After investigation a report under Section 173 Cr.PC was filed by SHO in the court of learned Additional Judicial Magistrate No. 1 on 19th July 1985. The learned Magistrate after taking cognizance of t