( 1 ) THE main controversy involved in this revision centres round the scope of powers of the Magistrate under sub-sec. (1) of Sec. 190 of the Criminal Procedure Code on a protest petition, duly supported by the affidavits of the witnesses.

( 2 ) THE present revision is directed against the order dated 8-9-93 passed by the IX A. C. J. M. , Allahabad in Criminal Case No. 869 of 1993 where by the final report submitted by the investigating Officer was rejected and the cognizance has been taken against the accused applicants by summoning them under Ss. 147, 148, 149 and 307, I. P. C.

( 3 ) IN short, the prosecution story as revealed by F. I. R. , is that at about 7. 008. 00 p. m. on 20-4-93, Om Shankar Pandey, the informant, his brother Arvind Kumar, and one Om Prakash were returning from village Baghbana to Allahabad on a motor cycle. In the way, they met the 6 accused applicants, who were carrying with them guns and bombs. Accused Satendra Kumar fired a shot from his gun while the other accused hurled bombs on the complaint party but luckily they escaped and ran away from the place of occurrence leaving the motor cycle there. The complaint party lodged F. I. R. of th