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The learned Magistrate did not take the cognizance of the offences alleged. He referred the complaint to the jurisdictional police for investigation and report under S. 156(3) of the Code. The Police on completion of the investigation submitted a 'B' Summary Final Report stating that the controversy raised was of civil dispute in nature.

It appears from the record on receipt of the copy of the 'B' Summary Final Report submitted by the police, respondent-1 lodged a protest petition dated 22-8-1988, stating therein that no serious efforts had been made by the Police to investigate the complaint properly, that he had a good case to substantiate the offences alleged against the petitioners, that he had adequate oral as well as documentary evidence to prove the charges and that he would undertake to prove the charges. He prayed in the protest petition to reject the 'B' Summary Final Report.

9. A reading of the order made by this Court produced as Annexure-I by the petitioners would disclose that this Court was persuaded to hold that the order dismissing the complaint was unsustainable in law since the procedure adopted by the learned Magistrate was not correct. This Court held that when the learned Magistrate had not followed any of the three courses indicated in the order in respect of the 'B' Summary Final Report submitted by the police, and that having proceeded to take cognizance of the offences on the original complaint on the basis of the protest memo filed by respondent-1 and having proceeded in accordance with the provisions contained in S. 200 of the Code, the material collected by the police during the course of investigation and produced along with B Summary Final Report was not available to pass an order under S. 203 of the Code and that the fact that the learned Magistrate looked into the said material to reach the opinion that there was no sufficient ground for proceeding against the petitioners vitiated the order of dismissal. It is the order dated 4-11-1989 made by this Court in Criminal Revision Petition No. 398/88 that is sought to be recalled and the complaint lodged by respondent-1 which now stands remitted to the learned Magistrate for disposal in accordance with law is sought to be quashed.