( 1 ) PETITIONERS by Shri N. P. Dwivedi, Advocate. Respondent/state by shri A. S. Yadav, P. L. Complainant by Shri a. K. Barua, Senior Advocate with Shri Arun barua, Advocate.

( 2 ) HEARD finally at motion stage.

( 3 ) THE instant petition is for invoking the inherent powers of this Court under section 482 of Cr. P. C. impugning the order dated 8th April, 2006 passed by the Chief judicial Magistrate, Datia in Criminal Case no. 760/04, by which the learned Magistrate has taken cognizance against the petitioners for the offence punishable under sections 302 and 323 read with Section 34 pf I. P. C.

( 4 ) THE main contention of Shri Dwivedi, the learned counsel for the petitioners, is that the offence under Section 302, I. P. C. is exclusively triable by a Court of Sessions and in sessions triable cases a Magistrate has no power under Section 190 of Cr. P. C. (hereinafter referred to as 'the Code') to take cognizance for those persons against whom police has not filed the challan. In support, he has drawn attention on the following judgments : 1. Raj Kishore Prasad v. State of Bihar and another, 1996 (1) Supreme (Cri) 493 : (1996 Cri LJ 2523 ). 2. Dharam Pal and other