Judgment

VAIDIALINGAM, J.: The accused in this appeal, by special leave, challenges the common order dated December 16, 1968 passed by the Patna High Court dismissing Criminal Revision Nos. 345 and 346 of 1968 and the connected Criminal Miscellaneous Petition Nos. 248 and 249 of 1968. The Criminal Revisions and the Criminal Miscellaneous Petitions were all directed against the orders passed by the criminal courts directing that the appellant should stand his trial for offences under Ss. 167, 466 and 471 of the Indian Penal Code (hereinafter called the Penal Code).

2. The facts giving rise to the Criminal Revisions and the Criminal Miscellaneous Petitions may be stated : In 1963 the appellant was posted at Patna as Magistrate, Ist Class with special powers to try Bad Livelihood Cases (which are called B. L. Cases) under S. 110 of the Code of Criminal Procedure (hereinafter called the Code). In September, 1963, two B. L. Cases Nos. 4 and 5 of 1963 had been started against Kailash Gope and Ramprit Gope and others respectively. Those cases were transferred to the file of the appellant for disposal. At the time of the transfer of cases, the accused persons had already been enlarged on bai