B. L. YADAV, J.

( 1 ) BY the present revision under S. 397/401 of the Criminal P. C. , 1973, (for short the Code), the order dt. 22-11-84 passed by the Munsif Magistrate IV, Jhansi, in proceedings under Ss. 494/109/205/498, i. P. C. , is sought to be quashed, as the alleged complaint made by Smt. Suman Devi Jain, opposite party 2, who was the wife of Mahendra Kumar Jain, applicant 1, has not filed the complaint to the Magistrate as provided by S. 198 of the Code. The present applicant 1 is the husband of opposite party 2, who has filed the alleged complaint, and applicant 2 is the real brother of applicant 1. Whereas applicant 3 is a relation of applicants 1 and 2. On behalf of the applicants an application was filed before the Magistrate that as the offence under the aforesaid sections was covered by Chap. XX of the Penal Code, hence the complaint should have been made by the aggrieved person, namely, opposite party 2, only to the Magistrate. But she preferred the complaint in the form of F. I. R. to the Superintendent of Police who, treating it to be a non-cognizable offence, obtained permission of the Magistrate to investigate. The investigation was completed and charge sheet was