JUDGMENT

B. P. DAS, J. — This application is directed against an order taking cognizance passed by the Judicial Magistrate, First Class (R), Cuttack in I.C.C. no. 42 of 1999 for the offence under Section 394, Indian Penal Code (for short the “I.P.C.”). In this regard the orders dated 2.8.1999 and 20.8.1999 are relevant. They are quoted hereunder :

“2.8.1999 : Complainant is present. Initial statement of the complainant is recorded. Cognizance is taken under Section 394 I.P.C. Call on 7.8.1999 for enquiry under Section 202 Cr.P.C.”.

“20.8.99. Complainant is present. Enquiry under Section 202 Cr.P.C. is closed. Perused the complaint petition, initial state¬ment of the complainant and statement of witnesses recorded under Section 202, Cr.P.C. It is clearly revealed a case under Section 394, I.P.C. against the accused person named in the complaint petition. Cognizance of the said offence is already taken. There are also sufficient materials to proceed against the accused person. Complainant files process fee and requires. Issue summons to accused person fixing 9.9.1999 for appearance.”

2. Section 202, Cr.P.C. which is relevant for the purpose of this case is quoted hereunder :

“202. P