1. These two criminal miscellaneous petitions arise out of one commitment order dated the 22.11.1972, passed by Shri R.P. Srivastava, Special Munsif - Magistrate. Patna. Both these petitions were heard together, and therefore, this Judgement will govern both these cases.

2. By an order dated the, 22nd November, 1972, the committing Magistrate committed the petitioners in both these cases, that is, in Criminal Miscellaneous Nos. 5 and 26 of 1973, to stand their trial before the Sessions Court. Against that order, the petitioners have moved these two petitions for quashing the commitment order under Sec. 561A of the Code of Criminal Procedure (hereinafter referred to as the Code).

3. Shri A.K. Sen, learned Counsel for the petitioners, challenged the validity of the pardon granted to Madhavanand by an order dated the 4th May, 1972, by the District Magistrate Patna. .on these grounds :

(i). That under the proviso to Sec.337(1) of the Code, the District Magistrate has no jurisdiction to grant pardon during investigation.

(ii). That the order granting pardon is illegal, because the District Magistrate did not record any reason while granting the pardon.

In this connection, the le