Heard the applicants counsel and the learned A. G. A.

2. By means of this application the applicants have prayed for the quashing of the order of the Magistrate dated 28-1-1992 by which he has rejected the Final Report submitted by the Police and has issued process against the applicants.

3. Learned counsel for the applicants firstly argued before me that the impugned order of summoning the applicants as ac cused is bad in law inasmuch as it cannot be inferred from the said order whether the Magistrate has taken cognizance under the provisions of Section 190 (1) (a) or Section 190 (l) (b) of

the Code of Criminal Procedure. According to him, after the filing of Final Report by the police, if the com plainant moves a protest petition and also files some affidavits or other material, the only course open for the Magistrate is to take cognizance under the provisions of Section 190 (l) (b) after following the proce dure provided in respect of complainant cases and since such a procedure has not been followed in the present case, the im pugned order is liable to be quashed. He placed reliance upon the decision in Bhagwan Das v. State, 1993 ACr R1.

4. In the aforesaid deci