Ramratna Singh, J.

1. The facts giving rise to this application in revision are these. One Raja Ram Sao lodged a first information report on the 29th of July, 1959 against fifteen persons including the petitioner Raghubansh Dubey. In due course, the police submitted final form under Sec.173 of the Code of Criminal Procedure; and the Police recommended that, except Raghubansh Dubey, the other persons named as accused in the first information report should be tried. In other words, Raghubansh Dubey was not sent up by the police for triar. On the 5th April, 1961, the Sub-divisional Magistrate passed the following order :-

"C. S. No. 12 dated 23-3-61 under Sec.149 /302/ 201, I. P. C. received against the accused noted in Col. 3 and 4 of C. S. Cog. taken under Sec.149/302/201, I. P. C. and case transferred to Sri L. P. Singh, Magistrate 1st Class for enquiry under Chapter XVIII Cr. P. C. Accused not sent up for trial is discharged."

Except the name of Sri L. P. Singh and the initial of the Subdivisional Magistrate, the entire order is in the writing of the Bench clerk of the Magistrate.

The transferee Magistrate, i.e. Mr. L. P. Singh took up the hearing of the case on the 2nd Ma