Short Note : 1. Facts giving rise to this application may be stated briefly thus : Applicant Ghisilal and Mangilal, Kaveribai, Kailashchandra and Arjunkumar are the owners of a 'Kirana' shop situated in Bhikangaon. On 20-7-76 the police Bhikangaon and Food Inspector inspected the shop of these applicants and seized goods therefrom. Thereafter on 13-4-77 an application was made on behalf of the applicants before the Judicial Magistrate, First Class, Bhikangaon, that the goods seized be returned to them. The learned Magistrate called for the police report. However, even though the police did not want to put up any challan, the Magistrate suo motu took cognizance of the offence and started criminal proceedings against the applicants. In a revision filed by Ghisilal the learned Additional Sessions Judge dismissed the lame on the ground that no revision was maintainable against an interlocutory order. Held: Admittedly as contemplated by rule 183 no public servant has filed any report in writing against the applicants, and consequently the learned Magistrate had no jurisdiction to take cognizance of contravention of Rules suo motu as has been apparently done by him. Thus the entire proceedings initiated by him, being without jurisdiction have to be quashed. The learned counsel appearing for the State Mrs. Thatte submitted that no public servant has filed any report against the applicants for contravention of the Defence of India Rules. She further submitted that the State has instructed all the District Magistrates in the State not to 'proceed with the casts under the Defence of India Rules and withdraw all those which have already been filed. She, therefore, submitted that State is not now filing any Challan against the applicants for any alleged contravention of the Defence of India Rules. 2. In this state of affairs I find that the learned Magistrate has no jurisdiction to launch the criminal proceeding against the applicants under the Defence of India Rules and, consequently the proceedings pending against them are liable to be quashed. For all these reasons these petitions are allowed and the proceedings pending against these applicants are hereby quashed. The goods seized from the shop of the applicants be returned to them. Petitions allowed.