Short Note : 1. A private complaint was filed by Godavari Bai against Jhammubai and Lilabai for the offences under sections 452 and 323 IPC. in the Court of Judicial Magistrate, First class, Bagli. The Magistrate examined the complainant under S. 200 Cr.P.C. (old) and postponed the issue of process against the accused and adjourned the case for making an enquiry into the matter under S. 202, Cr.P.C. The Magistrate also called for a report from the Police Station Officer concerned. On 11-05-1973 the Magistrate after considering the prima facie evidence on record, directed to issue summons to the accused for the offence under S. 323 IPC. On 26-07-1973, an application was made on behalf of the accused persons under S. 233 or the M. P. Panchayats Act, 1962 in which it was prayed that the offence under S. 323. IPC being triable by the Nyaya Panchayat, the complaint may be transferred to the Nyaya Panchayat. The trial Court after hearing the parties on this application passed the impugned order dated 16-08-1973 holding therein that the cognizance of the offence having been taken by it, the Court was competent to try the case and it was not necessary to transfer it to the Nyaya Panchayat. The learned Additional Sessions Judge was of the view that according to S. 228 the M. P. Panchayats Act the Nyaya Panchayat having exclusive jurisdiction to try the offence under S. 323 IPC. The Judicial Magistrate had no jurisdiction to hold the trial and recommended that the impugned order of the Judicial Magistrate directing the trial to proceed in his Court be quashed. 2. Held : According to S. 190 (1) (a) of the Code of Criminal Procedure, a Judicial Magistrate may take cognizance of any offence upon receiving a complaint of facts which constitute such offence. It is, thus, clear that the Judicial Magistrate had taken cognizance of the offences under sections 552 and 323 IPC. when the complaint with respect to the said offences was filed by the complainant and the Magistrate applied his mind to the allegations made thereunder. The Magistrate was, therefore, not barred from taking cognizance of the said offences under S. 233 of the M. P. Panchayats Act. when the complaint with respect to the said offences was filed by the complainant and the Magistrate applied his mind to the allegations made thereunder. The Magistrate was, therefore, not barred from taking cognizance of the said offences under S. 233 of the M. P. Panchayats Act. Therefore, simply because at a later stage the Judicial Magistrate issued the process against the accused for the offence under S. 323 I.P.C. he was not ousted of his jurisdiction to hold the trial and hence the learned Magistrate was right in proceedings with the trial. R.R. Chari v. State of U.P., AIR 1951 SC 207 , Supdt. And Remembrancer of Legal Affairs West Bengal v. Abani Kumar, AIR 1950 Cal 437 , State of M.P. v. S.P. Mathur, 1970 JLJ 172 , referred to. Revision dismissed.