1. This petition on formal admission is being disposed of at the motion stage.

2. The skeletal facts sufficient to dispose of this petition are that the petitioners are partners in a firm and had business dealings with the complainant. During the course thereof, some of the transactions appeared to have a shade of criminality inasmuch as the complainant spelled out conspiratorial forgery and cheating. Accordingly, the complainant lodged a first information report with the police. The matter was investigated into and put up for trial as a warrant case. When the petitioners as accused were brought before the learned Magistrate and the question of charge was about to be considered, the petitioners wanted to place on record certain documents for being considered under S.239, Code of Criminal Procedure (for short, the Code) with the support of S.294. It would be useful to reproduce these two provisions herein :

"239. When accused shall be discharged - If, upon considering the police report and the document sent with it under Section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an oppor