S.L. Jain, J.

1. Invoking extraordinary jurisdiction of this Court under section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') petitioners have filed this petition for quashing and setting aside the order dated 24-4-2003, passed by IInd Additional Sessions Judge, Sagar in Criminal Revision No. 16/2003 and also order dated 23-5-2003 passed by Chief Judicial Magistrate, First Class, Sagar.

2. Facts leading to filing of this petition succinctly narrated are thus:-

i. Applicant No. 1 Sharad Dave on the relevant date was posted as Superintendent, Central Jail, Sagar and applicant No. 2 K. P. Baghel was posted as Assistant Jailor, Central Jail, Sagar. Respondent Nos. 1 and 2 filed a complaint against the applicants before Chief Judicial Magistrate, Sagar alleging that on 10-12-2001, a tender for supply of vegetables in Sagar Jail was to be opened at 11 AM. At about 11.45 AM applicant No. 1 called the complainants in his chamber where 2-3 members of the purchase committee were present. The said members decided that as the representative of Collector, Sagar has not come, it will be appropriate to postpone the opening of the 3 tenders. It was decided that the tenders shall be opened on 13-12-2001 at 12 Noon. The complainant protested against this decision on the ground that it is contrary to the rules but the members of the purchase committee did not pay any heed to the protest of the complainants and the members of the committee left the chamber, ii. After the departure of other members, applicant No. 1 told the complainant that in future also, they will get a rough deal in the similar manner and tenders will never be opened at the notified time. The complainants informed applicant No. 1 that they will make complaint to the higher authorities regarding the proceedings which took place on that day. On hearing this, the applicant No. 1 was furious and he started abusing and intimidating the complainants saying . At this moment applicant No. 2 who was standing at the spot caught hold of the collar of respondent No. 2 Mahesh Gupta and gave him two Fist blows and also gave threats.

iii. On the date of incident itself, the complainants went to the police station Gopal Ganj, Sagar to lodge a report but the report was not written and they were asked to give the report in writing. Accordingly a written report was sent to police station Gopal Ganj, copies of which were also sent to the superior authorities. As no action was taken by the police; a complaint was filed by the complainants in the Court of CJM, Sagar.

iv. Learned CJM recorded the statements of complainants. He called for the report of the police. The police submitted a report along with the statement of Dr. Subhash Jain. Learned CJM after going through the statements of complainants and the report of the police found that no prima-facie case is made out against the applicants and vide order dated 17-9-2002 dismissed the complaint.

v. Against the order of the CJM, Sagar dated 17-9-2002; respondent Nos. 1 and 2 preferred a Criminal Revision before the Court of Session in which the applicants were impleaded as respondent Nos. 2 and 3, State being respondent No. 1. Learned Additional Sessions Judge admitted the revision and directed issuance of notice to the applicants. However, without issuing any notice Additional Sessions Judge vide order dated 29-4-2003, allowed the Criminal Revision filed by respondent Nos. 1 and 2 and remanded the case to the Magistrate to decide the matter afresh after hearing the complainants.

vi. In compliance of the aforesaid order in revision, CJM decided the matter afresh and registered the case against the present applicants for the offences punishable under sections 294, 506-A and 323 of the Indian Penal Code and directed for the issuance of bailable warrant against the applicants.

3. It is the case of the applicants that one U.K. Gandhi, Supdt., Central Jail, Satna had filed a case before the State Administrative Tribunal chal