Imam, J.

1. This is an application against an order passed by a Special Magistrate on 11-9-1952, whereby he forwarded the case before him to the Special Judge under the provisions of the Criminal Law Amendment Act, 1952 (Act 46 of 1952). The application is also made against an order of the Special Judge, dated 7-4-1953, whereby he summoned witnesses to attend his Court who had been examined before the Special Magistrate. The Special Judge had decided to try the case independent of the fact that some witnesses had already been examined by the Special Magistrate.

2. It may be stated forthwith that the validity of the Criminal Law Amendment Act, 1952, has. not been questioned by Mr. Baldeva Sahay, who has appeared for the petitioner. Mr. Baldeva Sahays grievance may be stated to be as two in number. His first grievance was that if Sec.10, Criminal Law Amendment Act, be construed properly, the Special Magistrate wrongly forwarded the case before him to the Special Judge for trial. His second grievance was that even if the case was properly before the Special Judge, the Special Judge acted wrongly in deciding to hold a de novo trial; he should have acceded to the request of the