1. - This miscellaneous petition is directed against the order dated 19-7-91, passed by the Munsif and Judicial Magistrate, Abu Road, by which the learned Magistrate took cognizance against the accused-petitioners for the offence under Section 427 IPC.

2. It is contended by the learned counsel for the petitioners that no case for taking cognizance against the petitioners is made-out from the complaint and the evidence produced by the complainant. According to him, even the cognizance taken by the learned Magistrate was barred by time in view of the provisions of Section 468(2)(c) of the Code of Criminal Procedure. According to the learned counsel for the petitioners, the incident took place on 4-11-86 and the complaint of this incident was filed on 5-11-86. The offence under Section 427 IPC is punishable with an imprisonment for two years and a fine and, therefore, the cognizance as per the provisions of Section 468(2)(c) Cr.P.C. could have been taken on or before 3-11-88. The learned Public Prosecutor and the learned counsel for the complainant-respondent No.2, on the other hand, have supported the order passed by the learned Court below. It is contended by the learned cou