R.K.Choudhary, J.

1. This case has a chequered history. On the 14th of October, 1957, the petitioned Markandey Rai, as a member of the Managing Committee of the Bhumihar Brahmin High English School, Buxar, filed a petition of complaint, as being authorised by the President of the said Managing Committee, before the District Magistrate of Shahabad against the two opposite parties, namely, Sheokumar Thakur, opposite party No. 1, who was the Headmaster of that school, and Rajaram Arya, opposite party No. 2, who was a nominated member of the Managing Committee of that school, for criminal breach of trust as well as for forgery.

According to the prosecution, the Headmaster was a man of influence at Buxar, and so the petition of complaint, instead of being filed before the Subdivisional Magistrate, Buxar, was filed before the District Magistrate of Shahabad. The complainant was examined on solemn affirmation on the 1st of November, 1957, and as, in the opinion of the District Magistrate, the complaint required proper investigation, he directed the Superintendent of Police, Shahabad, to have the complaint investigated by the police. The complainant at once filed a petition objecti