Raj Kishore Prasad, J.

1. These two cases arise out of the same matter, and in respect of orders of the same date, but passed in two different cases, although arising between the same parties and out of the same matter.

2. The reference under Sec. 438, Criminal P. G. is by the learned Sessions Judge of Saran, recommending that the order dated 25-1-54, of the Sub-divisional Magistrate, Chapra, passed in case No. 1007 of 1953, withdrawing the investigation, and restraining the police from taking any further action, be set aside.

3. The criminal revision is by one of the accused, A.J.U. Munro, against an order dated 4-9-1954, of the same learned Sessions Judge, rejecting his application for quashing Ms prosecution by the same Sub-divisional Magistrate by an order dated 25-1-1954, passed in case No. 703/87T of 1953, taking cognizance under Sec. 420, Penal Code against him, and two others.

4. These two cases, therefore, have been heard together, and this judgment will govern both the Reference and the Revisional application.

5. As to how more than one case was registered in respect of the same matter will appear from the facts to be stated hereafter.

6. The facts giving rise to