SYED M.FAZAL ALI, J.

(1) THIS appeal by certificate is directed against the judgment of the Calcutta High court dated March 25, 1.970, by which the High court quashed the proceedings taken against the respondents on the basis of a charge-sheet submitted by the police after due investigation. We have heard learned counsel for the parties and have also perused the order of the High court very carefully. At the time when the enquiry was conducted by the committing Magistrate, the old Code of Criminal Procedure, 1898 was applicable and the new Code of Criminal Procedure, 1973 had not come into force. Under the old Code the Magistrate should have committed the case to the court of Session if he was satisfied that there was sufficient ground for proceeding or a prima facie case was made out against the accused. The respondents, however, approached the High court even before the commitment enquiry was completed and in fact before any evidence could be produced before the Magistrate, and the High court having felt that further proceedings against the respondents amounted to an abuse of the process of the court as no case was made out against respondents, accepted the