S. Zaheer Hasan, J.

1. This is a revision against the order dated 20-9-1982 passed by the Vllth Addl. Munsif Magistrate Sultanpur.

2. Mohammad Sharif filed a complaint under sections 395/397 IPC against the revisionists. A final report was submitted by the police. On receipt of protest application from the complainant the learned Magistrate summoned the accused persons to stand their trial under sections 395/397 IPC. Aggrieved by this order, the accused parsons have come up in revision.

The charge is under sections 395/397 IPC which is exclusively triable by the court of session. Proviso to section 202 (2) of the Code of Criminal Procedure, 1973 lays down that if it appears to the Magistrate that the offence complained of is triable exclusively by the court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.

3. In Mukhtar v. State, 1982 CrLJ 17 NOC 45 (Lucknow Bench) it was held by this Court that the Magistrate could take cognizance of an offence under section 190 (1) (c) of the Code on the basis of complainant's protest petition and accompanying affidavit even if the final report submitted by police under section 169 was n