Judgement

SIKRI, J. : This appeal by special leave is directed against the judgment of the High Court of Judicature of Patna dismissing Criminal Revision No. 896 of 1961 filed by the appellant, Raghubans Dubey. The relevant facts for appreciating the points raised before us are as follows :

2. The appellant was one of the 15 persons mentioned as assailants in the First Information Report, dated July 29, 1959, lodged by one Raja Ram Shah. The police investigated the case and during the investigation the appellant set up an alibi. The police accepted the alibi and did not include his name as an accused in the final report under S. 173 of the Code of Criminal Procedure. His name was, however, mentioned in column No. 2 of the Charge Sheet under the heading not sent up . On April 5, 1961, the Sub-Divisional Magistrate passed the following order :

C. S. No. 12, dated 23rd March 1961 u/s. 149/302/201, I. P. C., received against the accused noted in Cols. 3 and 4 of C. S.

Cog. Taken u/s. 149/302/201, I. P. C. and case transferred to Shri L. P. Singh Magt.....class for enquiry under Chapter XVIII, Cr. P. C. Accused not sent up for trial is discharged.

On transfer, Shri L. P. Singh, Magistrate,