Nagendra Prasad Singh, J.

1. Criminal Revision No. 1980 of 1970 has been filed by the accused-petitioner under Ss. 435 and 439 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code). Criminal Misc. No. 141 of 1975 had been originally filed as Criminal Revision No. 2170 of 1970 under Sections 435 and 439 of the Code; but it has since been converted into a criminal miscellaneous application under Sec. 561-A of the Code. As common questions of law are involved in the two applications, they have been heard together and this judgment will govern them both. The five petitioners in the two cases are accused in Q. R. Case No. 1021 of 1963/ Trial No. 759 of 1970, pending in the court of a Munsif-Magistrate at Monghyr for inquiry under Chapter XVIII of the Code in the following circumstances.

2. On the 3rd July, 1963, one Shree S. P. Sinha, Deputy Collector Incharge Land Reforms and Development (hereinafter referred to as the "D. C. L. R.") lodged a first information report before the Officer-in-charge, Town Police-Station, Monghyr stating, inter alia, that one Nathun Sah of village Abhaipur, within Surajgarha Police Station, in the district of Monghyr, had fil