Judgment

S. R. DAS, JJ.

( 1 ) THIS is an appeal from a judgment of the High Court of Judicature at Patni which raises a substantial question of law as to the interpretation of the Constitution of India.

( 2 ) THE appeal arises out of a criminal trial held in the district of Hazaribagh in the State of Bihar. The case against the appellants was investigated by the local police and on the 4/06/1951 a challan was submitted before the Sub-Divisional Magistrate. The Sub-Divisional Magistrate passed the following order in the order-sheet :

"let the record be sent to the Dy. Commr. , Hazaribagh for transferring it to the file of the Spl. Magistrate for trial".

ON the record being placed before the Deputy Commissioner, the latter passed the following order :

"perused S. D. O. s order-sheet Withdrawn and transferred to the file of Mr. S. F. Azam, Magistrate with powers u/s 30, Cr. P. C. for favour of disposal. "

THE appellants were then tried by Mr. S. F. Azam, Magistrate of the first class exercising powers under S. 30 of the Code of Criminal Procedure on charges under Sections 366 and 143 of the Indian Penal Code and each of them was convicted under both the sections and sentenced to rigorous