M. B. VISHWANATH, J. ( 1 ) HIGH Court Government Pleader. ( 2 ) THIS Criminal Petition arises this way : The second respondent-complainant filed a private complaint against 16 accused before the learned Munsiff and J. M. F. C. , molakalmuru (subsequently numbered as C. C. No. 26 of 1991 ). ( 3 ) IN the private complaint filed by the present 2nd respondent-complainant he alleged that he has been working as pharmacist in the Primary Health Centre, Molakalmuru since 1986. One Dr. Abdul Sattar was his immediate Administrative superior. Dr. Abdul Sattar was nursing ill-will against the complainant. Making use of this situation accused No. 1-Mohd, imam Hussain and other accused sent two petitions dated 18-10-1988 and 18-8-1989 to the Chief Minister, Karnataka and zilla Parishad, Chitradurga. In the petition sent to Chief minister the petitioners accused have stated that the complainant is a witchcraft-man and that he illegally causes abortions to ladies etc. In the petition to Zilla Parishad the petitioners accused have alleged that the respondent- complainant is making all sorts of allegations against Dr. Abdul sattar and he has not been allowing Dr. Sattar to discharge his duties, etc. ( 4 ) THE learned J. M. F. C. , recorded the sworn statement of the complainant and the two witnesses produced before him (P. Ws. 1 to 3 ). After perusing the complaint and the sworn statement of p. Ws. 1 to 3, the learned J. M. F. C. , came to the conclusion that there was a prima facie case against the accused persons. It is clear from the order of the learned J. M. F. C. , that he has perused two other documents wherein allegations have been made against the 2nd respondent who was a Pharmacist. The learned j. M. F. C. , registered the case against accused petitioners for offences punishable under Sections 499 and 500, IPC and ordered issue of process to the accused. ( 5 ) IT is clear that the learned J. M. F. C. , has applied his mind before ordering issue of process to the accused. ( 6 ) THE 16 accused persons have filed the present Criminal Petition praying that the entire proceedings in C. C. No, 26 of 1991 should be quashed. ( 7 ) TO repeat myself, the learned J. M. F. C. , recorded the sworn statement of P. Ws. ( 6 ) THE 16 accused persons have filed the present Criminal Petition praying that the entire proceedings in C. C. No, 26 of 1991 should be quashed. ( 7 ) TO repeat myself, the learned J. M. F. C. , recorded the sworn statement of P. Ws. 1 to 3 (P. W. 1 is the complainant), perused exhibits P-2 and P-3 in which allegations have been made against the complainant. Then only he took cognizance and issued process to the accused holding that there was a prima facie case against the petitioners-accused. ( 8 ) THE procedure followed by the learned J. M. F. C. , is perfectly all right. I do not find any irregularity. ( 9 ) IT is argued by the learned Counsel for the petitioners that the same allegations were subject-matter in a departmental inquiry and pursuant to that departmental inquiry the complainant-Pharmacist was transferred. It is further argued by the counsel for the petitioners-accused that the complainant was held guilty in those departmental inquiry proceedings. If that is so, it is open to the accused to press that point before the lower court at the time of final arguments, after evidence is recorded. But this is not a ground to quash the proceedings in C. C. No. 26 of 1991 because the learned Magistrate has perused the complaint, sworn statements and other documents and then only registered the case. ( 10 ) WHEN there is a prima facie case to proceed against the accused it cannot be said that the learned J. M. F. C. , has committed any illegality or material irregularity. Proceedings cannot be quashed. ( 11 ) FOR the aforesaid reasons, this petition is rejected. --- *** --- .