S.K. MAL LODHA, J.~The petitioners Vali Mohammad Sakka and Basir son of Karim have filed this petition for revision under sections 401/397 Cr.P.C. against the order of the learned Additional Sessions Judge, Hanuman-garh dated August 6, 1977, by which he directed the Judicial Magistrate, Hanu-mangarh to take cognizance against them for an offence under section 302 IPC and to summon them.

2. Non-petitioner No. 1 Vali Mohammad son of Nagar is complainant. After recording First Information Report, regarding an offence of murder, at the instance of complainant, and completing the investigation and arrest of one Idrish, the S.H.O. Flanumangarh submitted a challan for commitment of the case in the court of Judicial Magistrate, Hanumangarh on December 29, 1976. The complainant submitted a protest petition in respect of the same occurrence to the Judicial Magistrate implicating four accused persons including Idrish against whom challan was submitted by the police. The learned Judicial Magistrate, dismissed the protest petition on May 3, 1977 holding that cognizance cannot be taken against them. He observed that there were no sufficient grounds at all to proceed against the petitioners and Ka

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