JUDGMENT

P. K. MOHANTY, J. — The petitioners call in question the order dated 28.5.1994 of the learned Chief Judicial Magistrate, Baripa¬da in I.C.C. Case No.19 of 1995 (T.C. Case No.211/1995) of the learned Sub-Divisional Judicial Magistrate, Udala taking cogni¬zance of the offences and in issuing process against the peti¬tioners.

2. The short fact bereft of unnecessary details is that one Bira Kishore Jarika, the brother of alleged victim Jambi Jarika lodged a complaint in the Court of the learned Chief Judi¬cial Magistrate, Baripada against the present petitioners, who are the Officer-in-charge and A.S.I. of Sarat P.S. under Sections 452/323/376/34, I.P.C. and the case was registered as I.C.C. Case No.325 of 1993. The learned Chief Judicial Magistrate recorded the initial statement of the complainant on 5.4.1994 and 9.4.1994 under Section 200, Cr.P.C. and took cognizance of offences under Sections 457/376, I.P.C. by order dated 28.5.1994, whereafter he proceeded to examine other witnesses under Section 202 (2) Cr.P.C. since he was of the opinion that the case was triable by the Court of Session. The case was then transferred to the Court of the learned S.D.J.M., Udala, which was