A.N.RAY, J.

(1) THIS is an appeal from the judgment, dated 18/11/1967 of the High court at Patna.

(2) THE question for consideration is whether a Sub-Divisional Magistrate could after submission of a final report by the police direct the police on what is described as a protest petition having been filed by the opposite party to submit a charge-sheet.

(3) THE facts in short are that on account of an occurrence at the platform of Muzaffarpur Railway Station on 24/03/1964 two cases were instituted before the Railway Police.

(4) ONE of these was instituted by the appellant against the respondent and the other was instituted by the respondent against the appellant.

(5) THE appellant in the case instituted by him alleged that the respondent wanted to entrain two of his men in an unauthorised way in one of the compartments and the appellant objected to the same, whereupon the respondent pulled the appellant on the platform and assaulted him. A chargesheet was submitted against the respondent in that case.

(6) THE present appeal relates to the case instituted by the respondent against the appellant on these allegations. The appellan