( 1 ) THIS criminal revision and the companion Criminal Misc. Application under section 482 of the Code of Criminal Procedure 1973 (hereinafter referred to as the New Code) are directed against the same order dated 26th May, 1984, passed by the Munsif Magistrate, Etawah, summoning the applicants for haying committed an alleged offence under sections 147, 148, 326 read with Section 149 of the Indian Penal Code. They can, therefore be conveniently disposed of by a common judgment.

( 2 ) A complaint was filed by opposite party No. 2, Ram Bharosey, setting out the facts which constitute the offences alleged to have been committed by the applicants. Paragraphs 18 and 19 of the complaint are relevant and may be quoted as below:

18 That the complainant has now learnt that the police is intending the challan of the complainants, party and file a report in the complainants case. 19. That in order to prevent such an event which is contrary to justice and fair play which requires both the cases to be investigated and sent up, the complainant has no option but to file this complaint"

( 3 ) THE only submission made on behalf of the applicants is that in view of the afore-quoted av