1. This application is directed against the order dated 8th of April, 1974, whereby the Sub-divisional Magistrate, Giridih, accepted the charge-sheet submitted by the police against the petitioners and sent the case to the District end Sessions Judge for necessary orders. By the same order he also directed the petitioners to appear before the District and Sessions Judge on 29th of April, 1974.

2. The order is obviously illegal and without jurisdiction. Facts necessary or the disposal of this application are that on 4th of March, 1973, one Manik Mahto gave his Fard Bayan before the Sub-Inspector of Police, Birni Police Station, wherein he said that a dacoity was committed in his house. It was also said in the Fard Bayan that the informant could not identify any of the dacoits. On the basis of the Fard Bayan a formal first information report was drawn up and a case under Sec.395 of the Indian Penal Code was registered. The Police thereafter started investigation and on its completion submitted charge-sheet on 5th of November, 1973, wherein these petitioners were shown as accused persons. No orders were passed by the Sub-divisional Magistrate till 5th of April, 1974. On 5th of