JUDGMENT

P. K. MOHANTY, J. — The petitioners call in question the order of cognizance dated 16.3.1998, passed by the learned S.D.J.M., Biramaharajpur in 1 C.C. No.5 of 1996 in this petition under Section 482, Code of Criminal Procedure (hereinafter referred to as “the Code”) and prayer is made for quashing of such order of cognizance.

2. The fact in brief is that opp. party No. 2 lodged a complaint in the Court of learned S.D.J.M., Biramaharajpur as against the petitioners on allegation of having committed of¬fences, punishable under Sections 147, 341, 323, 354, 427, 379, 447, 506/149 of the Indian Penal Code (in short ‘I.P.C.’). The learned Magistrate, by order dated 7.8.1996, recorded the initial statement of the complainant under Section 200 of the Code and since it was found that the offences alleged are triable exclu¬sively by the Court of Session, as required under law, he di¬rected the complainant to produce all the witnesses named in the petition on 26.8.1996, for recording their statements under Section 202 of the Code. On that day, the statement of the hus¬band of the complainant was recorded and the learned Magistrate having found that the complainant had lodged a writte