JUDGMENT 1. -Petitioner in this petition has challenged the order dated 13.6.1997 by which cognizance was taken by the learned Magistrate against the petitioner along with other accused challenged by the police. 2. In view of the decision of this Court reported in Satveer v. State of Rajasthan, 1998 (1) RCD 321 (Raj.) and decision of the Supreme Court in Raj Kishore Prasad v. State of Bihar, (1996) 4 SCC 495 , it is obvious that such order could not be made by the learned I Magistrate. 3. In the result, the petition succeeds and is allowed. The order of the Magistrate including the name of the present petitioner is set aside. The trial to proceed in relation to others.Petition allowed. *******