S. MADHUSUDAN RAO, J.

( 1 ) THE short question thai arises for determination in this case is whether the committal of an accused to the Sessions court is valid it such committal Is made without the commiting Magistrate examining the approver. The accused in p. R. C. No. 13 of 74 on the file of the X metropolitan Magistrate, Hyderabad were charge-sheeted for offences punishable u/ss. 120-B 121-A, 122, 123, 124-A. 302, 395 and 397 I P. C. There are three approvers in the case After the accused were produced before him. the learned magistrate committed the accused to take their trial before the Metropolitan sessions Judge, Hyderabad without examining the approvers, The learned metropolitan Sessions Judge set aside the order of committal and remanded the case to the Magistrate for recording the evidence of the approvers and for disposal of the case according to law thereafter. The State has come up with this petition for quashing the order of the metropolitan Sessions Judge.

( 2 ) SRI Obulpathl Chowdary, the learned Additional Public Prosecutor contends that in so far as the offences are triable exclusively by a Court of Session, the Metropolitan Magistrate has committed the accused wit

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