R. K. DASH, J.

( 1 ) PETITIONERS (hereinafter referred to as 'the accused persons') by filing the present application have challenged the order of the learned Judicial Magistrate, First Class, Baramba, passed in G. R. Case No. 78 of 1990, whereby he has taken cognizance of the offence under Section 436, I. P. C. and issued summons for their appearance.

( 2 ) BRIEF facts giving rise to the present proceeding may be stated thus :kubera Majhi, opposite party No. 2 (hereinafter referred to as 'the informant') lodged F. I. R. at Baramba Police Station alleging that the accused persons were inimically disposed towards him since last Panchayat election and in order to take revenge on him, they came in a body to his house at about 1. 40 in the night of 18/19-6-1990 being armed with lathis, knives, rivolvers, etc. , took away household articles and set fire to the house. They also assaulted and dragged him forcibly with intention to throw him in the burning fire. It is further alleged that they while leaving his house with the movables, threatened that if he did not withdraw the case that he had filed against them, they would finish his entire family. On receipt of the said report, the pol