1. - By way of instant petition u/s. 482 Cr.P.C., petitioners have challenged the order dated 31.10.2003 passed by the learned Judicial Magistrate No. 7, Jodhpur whereby he has rejected their application filed u/s: 245(2) Cr.P.C.

2. Briefly stated the facts of the case are that the Additional District Collector (Returning Officer), Jodhpur filed a complaint against petitioners before the Judicial Magistrate No. 4, Jodhpur for the offence u/ss. 177, 191, 192, 199, 200, 468, 471, 474, 420 & 120-B IPC on the ground of enquiry made by the SDM, City, Jodhpur. Petitioner No. 1 was a candidate for Municipal Corporation Election held in the year 1999. Section 26(xv) of the Rajasthan Nagar Palika Act, 1959 disqualifies a person having more than two children given birth after cut off date i.e. 28.11.1995. It is alleged that on 16.11.1999, petitioner No. 1 at the time of filing nomination gave wrong information regarding his children. The learned Magistrate took cognizance against petitioners for the offence u/ss. 177, 199 & 420 r/w 120-B IPC. The same controversy came up for consideration before the Division Bench of this Court in D.B. Civil Special Appeal No. 601/2002, Rakesh Ghati