BEHERA, J.

( 1 ) UPON hearing Mr. S. K. Padhi for the petitioners, Mr. S. C. Mohapatra for the opposite party No. 1 and Mr. R. K. Patra, the learned Additional Government Advocate, we find that the impugned order passed by the learned Judicial Magistrate, Digapahandi, taking cognizance of alleged commission of offences by the petitioners punishable under Ss. 148, 302 read with Ss. 149 and 302 read with S. 109 of the Penal Code on the basis of a petition of complaint by the opposite party 1 which has been maintained by Mr. C. R. Pal the learned Sessions Judge, Berhampur, must be set at naught, for the reasons to follow.

( 2 ) ON the basis of a first information report in respect of the same incident, investigation had been taken up by the police agency and on its completion, a charge-sheet had been placed against the petitioners Ramesh Samal, Alekh Mandal, Raghunath Nahak and Bishnu Mandal and the other petitioners were not proceeded against. An application made under S. 319 of the Cr. P. C. (for short, the Code) for impletion of the petitioners against whom charge-sheet had not been placed had been rejected.

( 3 ) THREE of the petitioners, namely, Ramesh, Samal, Alekh Mandal and