K.Sahai, J.

1. Mahanth Kapildeo Ramji of Rajikpore was killed in his Math Mahalla Alamganj of Patna town on 4-8-1958, at about 8 P. M Injuries were caused to him by a fire-arm and also by sharp cutting weapons, A girl named Shanti (P. W. 4), aged about 8 years, was there when the assailants came, and she claims to have identified Hira Gosain as one of the assailants. At a short distance from the actual place of occurrence, Hira Gosain and petitioner Tirbeni Kahar were arrested and assaulted. A commitment enquiry was held against both of them together, and both have been committed for trial to the court of session. The petitioner has filed this application for quashing the commitment against him on the ground that there is no evidence whatsoever to support it.

2. A point, which has been raised on behalf of the State, is that the High Court has no power to quash any commitment made in a case started On the basis of a police report. It has been pointed out that before the Criminal Procedure Code Amendment Act (Act 26 of 1955) (hereinafter to be referred to as to the Amendment Act) came into force, there was only one procedure for commitment enquiry in all kinds of cases and th