J. DAS, J.

( 1 ) THIS is a petition under Section 482, Cr. P. C.

( 2 ) IT appears that after examining the witnesses under Section 292, Cr. P. C. Sri G. N. Patra, Judicial Magistrate First Class (R), Cuttack passed the impugned order on 15-7-1987 taking cognizance under Section 436, IPC against the petitioners. In order to quash this order, the present petition under Section 482, Cr. P. C. has been filed.

( 3 ) THE opposite party Anama Behera filed a complaint petition on 24-5-1986. The lower Court directed the complainant to produce his witnesses for enquiry under Section 202 Cr. P. C. In an enquiry under Section 202 Cr. P. C. the complain examined himself and he also examined two witnesses namely, Kailash Behera and Pari Behera, who are named in the complaint petition as witnesses One Jogi Behera, who is also named as eye witness in the complaint petition was not examined. On perusal of the complaint petition and the statements of the witnesses the lower Court was satisfied that there is a prima facie case under Section 436, IPC and hence it took cognizance under Section 436, IPC against the petitioners on 15-7-87. The accused persons appeared on 8-12-87 and they were remanded