CHANDRA REDDY, C. J.

( 1 ) THIS reference has been occasioned by two conflicting judgments, one of a Bench of the Madras High Court in Chunchu Narayana v. Karrapati Kesappa, (1951) 1 Mad LJ 102 : (AIR 1951 Mad 500) (a judgment of the year 1950) and the other of this Court in Subba Raju v. Koneti Raju (1955) Andh WR 114 : ( (S) AIR 1955 Andh 99), which declined to follow the former Bench decision. Our learned brother Basi Reddi J. , having regard to the Full Bench decision of this Court in Subbarayudu v. State, (1955) Andh WR 150 : ( (S) AIR 1955 Andhra 87) which ruled that the decisions of the Madras High Court rendered prior to 5/07/1954 were binding on the High Court of Andhra and that where a Division Bench of the Andhra High Court was inclined to take a view different from that of a Division Bench of the Madras High Court of equal strength, the case should be referred to a Full Bench, referred this matter to a Bench for being referred to a Full Bench. The following question has been referred by the Bench (of which one of us was a party):"whether under the second proviso to Sub-section (4) of Section 145 Cr. P. C. is the Crucial date the date of the preliminary order or the date

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