JUDGMENT 1. - Heard Mr. Shiv Kumar Sharma, learned counsel for the petitioners and Mr. P. C. Jain appearing on behalf of the note-petitioner in response to the show cause notice and perused the record Upon perusal of the record and the impugned order passed by the Additional Munsif and Judicial Magistrate, Baran, I am of the view that the learned Judicial Magistrate did not judicially determine the matter of issue of process against the petitioners. He ought to have applied his mind to the material on the record and should not have passed the impugned order in a routine manner without taking care to find out whether any prima facie case under section 494. I. P. C. read with section 109 and 120-B. I.P.C. was made out against the petitioners. Even the person who made a report after necessary enquiry relating to second marriage of Sushil Kumar with Smt. Vijaya at Jaipur was not examined by the judicial Magistrate although the report had been produced by the complainant on the record. The impugned order passed by the learned Judicial Magistrate also is not a speaking order and does not contain grounds which were, in his opinion, sufficient for the issue of process in this case. Consequently, I am of the opinion that he impugned order is passed by the Judicial Magistrate on insufficient materials However. I think it,just and proper to send the case back to the Judicial Magistrate after setting aside the impugned order for judicially determinant; the matter of issue of process after examining the person who made the report abut second marriage and for taking all other evidence, if any, which may be led in this case, by the complainant. 2. I, therefore, accept this application under Section 482, Cr. P. C. filed by the petitioners, set aside the impugned order pissed by the Additional Munsiff Magistrate, Baran, dated August 16, 1982, and send the case back to him for judicially determining the matter of issue of process in the light of the observations made above. The record of the lower court be sent back immediately to the Additional Munsiff and Judicial Magistrate, Baran. *******