JUDGMENT

FAZL ALI, J.:— This appeal by special leave is directed against the judgment of the Karnataka High Court by which it set aside the order of the Additional Judicial magistrate, First Class, Gokak issuing process against respondents 1 and 2 in the exercise of his discretion under Sec. 204 of the Code of Criminal Procedure. The facts of the case lie within a very narrow compass and although the High Court has taken great pains to write a laboured judgment the point involved is short and simple and does not merit a detailed discussion. The police of Gokak Police Station submitted a charge-sheet against Nagappa Giddennavar and seven others under Sections 302, 114, 148, 147 and other sections on the allegations that on July 19, 1973 the accused persons had waylaid and murdered one Nagappa son of the appellant in this Court. The appellant, who had filed the report before the police does not appear to have been satisfied with the investigation by the police which according to her was tainted and had suppressed some important materials, filed a complaint before the Magistrate at Gokak on October 4, 1973 alleging that respondents 1 and 2 had in fact abetted the offence of murder com