JUDGMENT 1. This was a Rule calling upon the District Magistrate to show cause why the case against the Petitioners should not be transferred from the file of Maulvi Mirza S. Bakht, Deputy Magistrate of Hughly, to that of any other Magistrate competent to try it. It appears that one Sheikh Altab lodged information against the Petitioner with the police. They found the information to be false and recommended his prosecution. This came up before the District Magistrate in charge who ordered a judicial enquiry although no complaint had been made by Sheikh Altab. In the explanation which the District Magistrate has given he says that this judicial enquiry was ordered, he presumes, with the object of giving the complainant a chance of proving his case before any further steps were taken against him. The case was then made over to Maulvi Mirza S. Bakht who after taking evidence has summoned the accused. 2. The expression " to take cognisance" has not been defined in the Criminal Procedure Code, and it is difficult to ascertain at what precise stage of a case cognisance is said to be taken. But it seems to be clear that in these proceedings Maulvi Mirza S. Bakht was the first Magis rate who really contemplated taking proceedings against the accused persons. It is equally clear that he did not act either upon a police report or upon any complaint. Although, therefore, sec. 190, cl. (c), may not strictly apply we think that in the peculiar circumstances of this case the accused ought to be allowed to have the case tried by another Magistrate. Accordingly the Rule will be made absolute and the case will be transferred to another Magistrate of competent jurisdiction.