G.K. Sharma, J. - (1.) Heard learned counsel for the petitioners and the learned Addl. G. A. for the State.
(2.) This petition under section 482 Cr.P.C. has been preferred against the order of learned Judl. Magistrate Kama dated 22.8 1985 by which he ordered to take cognizance against the petitioners.
(3.) Shodan filed a complaint under sections 147, 323, 379, 343 and 501 I.P.C against Mahmood, Noor Mohd, Israil Mahmood, Ishaq and Noor. The learned Magistrate, forwarded the complaint under section 156 (3) Cr.P.C. to the police station Pahari On this complaint the police registered the case and investigated the matter. After completing the investigation the S.H.O. did not find any case against the petitioners Israil and Ishaq. He however, found that a case under sections 325, 323, 341 and 504 I.P.C. is prima facie made out against the other persons, so he submitted the charge sheet before the learned Judicial Magistrate, Kama. The learned Magistrate, perused the papers of charge-sheets & also perused the application of the complainant Shodan and found the case against the petitioners is Israil and Ishaq made out from the investigation papers and also found that a case under sections 394, 395, 397, 341 147, & 149 is made out and accordingly vide his order dated 22.8 85 took cognizance against the other accused persons including the petitioners. Feeling aggrieved by this order of taking cognisance the petitioners have come to this court.;