This petition has been filed by Accused 1 to 3 in C. C. No. 3792 of 1938 on the file of the Sub-Magistrate of Tindivanam, to quash the proceedings before the said Magistrate against them on the ground that the second complaint on which the learned Magistrate had taken cognisance of the case, is not maintainable.

2. The brief facts of the case are these : The respondent filed a private complaint against the three petitioners under Ss.355 and 341, I.P.C. in respect of an occurrence which took place in Tindivanam at about 8-30 p.m. on 3-10-1968. The complaint was filed on 4-10-1968. The learned Sub-Magistrate on the same day noted in the petition of the complainant itself that it disclosed the commission of the offence under Ss.341 and 355, I.P.C., which were cognisable. He, therefore, forwarded the complaint to the Sub-Inspector of Police, Tindivanam for investigation under S.156(3), Criminal P.C. and report under S.173(2), Criminal P.C., on or before 18-10-1968. The Sub-Inspector, Tindivanam, investigated the case but had not submitted his report under S.173, Criminal P.C., to the Sub-Magistrate. It appears that the police had sent a notice to the respondent on 8-11-1968 informi