( 1 ) RAO, C. J. (1) This Full Bench has been constituted to decide a fundamental question, which is arising every day, namely, whether and to what extent the Andhra High Court is bound by the decisions of the Madras High Court delivered before 5. 7. 1954.

( 2 ) THE facts of the case that led to the reference may be briefly stated. The petitioners were the accused in P. R. C. No. 2 of 1953. The Sub-Divisional Magistrate, Dharmavaram, discharged the accused for an offence under S. 395, Penal Code, and converting the case into a Calendar case, directed the accused to be tried for the other offences with which they were charged. In revision, the District Magistrate, Gooty, set aside that Order under Ss. 435 and 436, Criminal P. C. and directed the Sub-Divisional Magistrate to commit the accused to the Court of Session to take their for all the offences with which they were charged. The accused have filed this Criminal Revision Petition against that Order.

( 3 ) IN revision, the main question raised was whether under S. 209 (i), Criminal P. C. , when a Magistrate finds that there are not sufficient grounds for committing the accused for trial and directs such persons to be tried before

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