Jamuar, J.

1. This application in criminal revisional jurisdiction has been referred to a Division Bench by a learned single Judge of this Court as it raises a point of considerable importance in procedural law.

2. The short facts relevant for the decision in this case are these. On the 24th of March 1955, a complaint was filed by the petitioner before a Magistrate named Mr. B. P. Srivastava, who, as it appears, was in charge of the Court of the Subdivisional Officer on that date in the absence of the Subdivisional Officer. Mr. Srivastava examined the complainant on solemn affirmation and after seeing the injuries upon the complainant ordered for the summoning of the accused under Sec.323 of the Indian Penal Code, and then he directed that the case be transferred to the Court of Mr. T. P. Singh, an Honorary Magistrate, with second class powers, for favour of disposal; and on the 25th March 1955, Mr. T. P. Singh directed processes to be issued on the accused persons.

3. It then appears that on the 29th March 1955, an application was filed in the Court of the Subdivisional Magistrate on behalf of the accused persons praying that the order passed by Mr. Srivastava on the 24th