Shambhu Prasad Singh, J.

This application under Section 482 of the Code of Criminal Procedure has been made by the accused persons for setting aside an order committing a criminal case to the court of session mainly on the ground that its counter-case had already been committed to the court of session. The counter-case was a case instituted on a first information report for offences under Sections 147, 148, 302, 307 and 324 of the Indian Penal Code. The offences under Sections 302 and 307 of the Indian Penal Code being exclusively triable by the court of session, after receipt of the charge-sheet, the Magistrate had no option but to commit the case to the court of session under Section 209 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code). The first information report was lodged on 26th of August, 1973. One of the accused in that case Dhrub Narain Rai filed a petition of complaint on 27th of August, 1973, making allegations against the petitioners for offences under Sections 147, 148, 323 and 379 of the Indian Penal Code. None of these offences is an offence triable by a court of session under the first schedule to the Code rather they are triabl