( 1 ) THIS is an application in revision by Nageshwar Dwivedi, an M. L. A. of Jaunpur, against the concurrent orders of the Magistrate and the learned Sessions Judge of Jaunpur dismissing, his complaint on the ground that the complaint could not be filed in the Court of the Magistrate nor could it be tried by that Court but could only be filed and tried in the Court of Sessions and that too through the Public Prosecutor.

( 2 ) THE facts giving rise to this petition may be shortly stated thus. Nageshwar Dwivedi was an m. L. A. from Jaunpur. He wished to contest the election on the Congress ticket again and therefore he appears to have applied to the "high Command" for the necessary ticket to stand as a Congress candidate. Matabadal Singh who is a resident of the area from which Nageshwar dwivedi had been elected to the Vidhan Sabha wrote an article or a letter in a Hindi weekly, named tandava which is printed and published by Sadanand Pande as the Publisher and Editor of the tandava. The writing scribed by Matabadal Singh and published by Sadanand Pande in the Tandava was enough to be defamatory to Nageshwar Dwivedi. Nageshwar Dwivedi, therefore filed a complaint in t