Judgment

JAGANNADHADAS, J.: This is a petition under Article 32 of the Constitution and is presented to this Court under the following circumstances. Petitioner No. 1 before us was an Agricultural Demonstrators of the Government of Madras and was employed as an Assistant Marketing Officer in Central Provinces and Berar for the purchase and movement of blackgram and other grains on behalf of the Madras Government.

He, as well as the second petitioner and 44 others are under prosecution before Shri. K. L. Pandey, a Special Magistrate of Nagpur, Madhya Pradesh, in Case No. 1 of 1949 pending before him on charges of cheating, attempt to commit cheating, criminal breach of trust and criminal conspiracy, (i.e. for offences punishable under Section 420 read with Section 120-B or 109, I.P.C., Section 409 and Section 409 read with Section 120-B, (I.P.C.), and the allegation is that by reason of the acts committed by the accused, the Government of Madras had incur an expenditure of Rs. 3,57,147-10-0 in excess of the amount due.

The Special Magistrate before whom the case is now pending was appointed by the Madhya Pradesh Government under Section 14 of the Criminal Procedure Code, and as the fir