Venkataramana Rao, J.

1. This is an application to revise the order of the learned Joint Magistrate of Negapatam, framing a charge of defamation against the petitioner. It seems to me that on the materials placed before him he ought not to have framed the charge. On 3rd May, 1937, one Panchapakesa Aiyar preferred a complaint to the Joint Magistrate alleging that the petitioner is a man of dangerous character and that it is the duty of the police and the magistracy to protect the law-abiding citizens to lead their lives peacefully and to afford them protection in the, discharge of their lawful duties and rights. In support of the allegations which he made in this petition, he referred to six gentlemen who according to him were in hourly peril of their, person and expecting assaults from the petitioner. One of the persons referred to therein is Swaminatha Mudaliar the respondent herein. There can be no question that when he mentioned the names of these gentlemen, it was. his evident intention that they should be invited and examined in support of the allegation made in the petition. This complaint was sent to the police for investigation and necessary action and thereupon the Sub