Judgment

SINHA, J. : The main question for determination in this appeal by special leave is whether the High Court has power, and if so, the extent of such power, to revise an order of discharge passed by a Presidency Magistrate. The order impugned in this case was passed by a Division Bench of the Bombay High Court (Bhagwati and Vyas, JJ.), dated 22-6-1951, setting aside the order dated 9-9-1950, passed by a Presidency Magistrate of Bombay, directing the appellants who were accused 1 and 2 before the learned magistrate, to take their trial in the Court of Session, on a charge under S. 409, Indian Penal Code as against the first accused and under S. 409, read with S. 109, Indian Penal Code, as against the second accused.

2. The facts leading up to this appeal, in bare outline, are as follows: On July 8, 1947, Raja Dhanraj Girji Narsingh Girji, Chairman of the Dhanraj Mills Limited, who will be referred to in the course of this judgment as to the complainant, lodged a first information report before the Inspector of Police, General Branch, C. I. D., Bombay, in writing, to the effect that the Dhanraj Mills were formerly his private property which he converted into a limited concern in