Ahmad, J.

1. This is an appeal against an order passed in a proceeding under Sec. 476 of the Code of Criminal Procedure directing that a complaint for the prosecution of Kailashpati Mishra (appellant No. 1) under Sec.211, Indian Penal Code, and another for the prosecution of all the appellants Nos. 1 to 7 under Section 193, Indian penal Code, mall be filed before the Sub-divisional Officer, Arrah Sadar.

2. The proceeding arose out of Sessions Trial No. 42 of 1950 disposed of by the 2nd Assistant Sessions Judge, Arrah, by his judgment dated the 8th July, 1950. The appellants appeared as prosecution witnesses in that Sessions trial, and the case had been started in consequence of a written report given to the police by Kailashpati, the appellant No. 1. The occurrence was said to have taken place on the 21st February, 1950, at about midday, while Jadubans Mishra (appellant No. 4) had come to Arran in connection with some case. The case had been investigated by the Sub-Inspector who appeared as prosecution witness No, 9 at the trial, and a charge-sheet was submitted by him. A charge under Sec. 436, Indian Penal Code, had also been framed against one of the accused that is Lalmo