Honble YAMIN, J.–These two Misc. Petitions are to be decided together by this single order as they relate to the same proceedings pending before the learned Judicial Magistrate Balesar in Cr. Complaint Case No. 22/87.

(2). Cr. Misc. Petition No. 678/94 is a petition which challenges the order of learned Magistrate dated 17.9.1994 by which he allowed the proceedings to continue though the complainant had expired; and Cr. Misc. Petition No. 80/95 is directed against the order dated 3.12.1992 by which the Magistrate had taken cognizance though an application was filed by the accused petitioners that Chain Singh complainant had expired as long back as in the year 1987 and the case could not proceed and his son could not have been impleaded as a party but proceeded with the case.

(3). I have heard the learned counsel for the petitioners accused persons as well as learned counsel for the complainant.

(4). Briefly stated, Chain Singh filed a complaint against the accused petitioners alleging that he was a respectable person of his village and a Sarpanch for last 36 years. He became Vice Chairman of Panchayat Samiti, Shergarh and was continuing to be so for last four years. The petitioners we

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