( 1 ) THIS Rule is directed against the order of Sri M. S. Banerjee, Magistrate, First Class, Burdwan dated 19-1-66 whereby he directed that the trial which was being proceeded against the accused petitioners should be switched on to an enquiry under Chapter XVIII of the Code of Criminal Procedure.

( 2 ) THE facts are that the opposite party complainant filed a petition before Sri S. Sarkar, First Class Magistrate, Burdwan against the accused petitioners alleging that they had committed offence under Sections 147, 148, 447, 379, 504 and 342 of the Indian Penal Code. It was alleged inter alia that the accused persons along with a number of men formed into an unlawful assembly and entered the house of the complainant being armed with deadly weapons and one of them tied his hands and feet with a gamcha and the petitioners carried away some paddy from the house of the complainant. Tbis petition of complainant was sent by the learned Magistrate to the Officer-in-Charge of Bhatar Police Station with a direction that it should be treated as a First Information Report and it was also directed that the matter should be investigated. Ultimately the police submitted a final report a