V.N. Varma, J.

1. THIS case has come up before us for decision in the following circumstances.

2. OPPOSITE party no. 1 (Rahmatullah) filed a complaint against the applicant (Dinesh Chand Sinha) and five others under sections 147, 148, 323, 325 and 307 IPC in the Court of Special Judicial Magistrate, Jaunpur. In the complaint filed by him he gave out the names; of twelve witnesses whom he intended to examine in support of his case. The learned Magistrate examined opposite party no. 1 under section 200 Cr. P.C. and four persons, more, namely, Sheo Murat, Ambika, Aman Khan and Lala under section 202 Cr. P.C.. The learned Magistrate went through the evidence of these persons and summoned the applicant and his co-accused under sections 147, 323, 325 and 307 IPC. Admittedly, the offence under section 307 IPC is triable exclusively by the Court of Session. The applicant's case is that the Magistrate's order summoning him in the case was illegal and not in accordance with law and he, therefore, filed an application under section 482 Cr. P.C. for quashing the complaint filed against him. According to him, as the case against him was triable exclusively by the court of session, the Ma