Chandresh Bhushan, J.

1. Aggrieved by the order dated 5-10-01 of the learned Sessions Judge, Shivpuri, allowing a revision, against the petitioner, from an order passed by the Chief Judicial Magistrate, Shivpuri taking cognizance against the non- applicant No. 1 of offences punishable under sections 323 and 294 of Indian Penal Code, this revision petition has been preferred by the petitioner.

2. The facts in brief are that a private complaint was filed by the petitioner against non-applicant No. 1, in the Court of Chief Judicial Magistrate, Shivpuri, alleging that the non-applicant No. 1 had uttered obscene words while hurling obscene abuses on him and had also beaten him on two occasions. After enquiry, under section 202, the learned Chief Judicial Magistrate passed an order dated 30-3-2001, taking cognizance of offences punishable under sections 323 and 294 of Indian Penal Code against the non-applicant No. 1. Against that order, the non-petitioner No. 1 had preferred a revision before the learned Sessions Judge Shivpuri which was allowed by the impugned order on the ground that the cognizance was barred under section 468 of Criminal Procedure Code because the complainant and