JUDGMENT V.N. Misra, J. - This is an application in revision by Biren against the judgment and order dated 16.12.1981 of Sri R. K. Gupta, Chief Judicial Magistrate, Fatehpur, summoning the applicant in a case under Sections 147, 148, 307/149, I. P. C. The connected case Misc. Application No. 304 of 1982 is an application under Section 482, Cr. P. C. with the same allegations to get the order dated 16.12.1981 passed by the Chief Judicial Magistrate quashed. 2. In this case on the F. I. R. being lodged by Baley complainant a case was registered against the applicant, after investigations, however, the police submitted a final report in it. Baley filed a protest petition against this final report. The learned Magistrate heard the parties and then without going through the procedure prescribed for a complaint he summoned the accused. It was urged that this could not be done. 3. It is now well settled that a protest petition is to be treated as a complaint and the entire procedure of a complaint case has to be observed. Therefore, on a protest petition being made evidence has to be recorded under Section 200, Cr. P. C., a list of witnesses has to be furnished and then if the court finds a prima facie case made out against the accused he can be summoned but in this case the procedure prescribed for complaint case was not at all followed and merely on the protest petition the learned Magistrate summoned the accused. This he could not do. 4. This revision is, therefore, allowed and the impugned order of the Magistrate is set aside. The petition under Section 482, Cr. P. C. has become infructuous and is dismissed. The stay order dated 15.1.1982 is hereby vacated.