J. P. MITTER, J, J.

( 1 ) THIS is a petition for revision of two orders made by a learned Magistrate, dated respectively October 31, 1956 and November 7, 1956, directing charges to be framed against the petitioner under Sections 304a and 337 of the Indian Penal Code. The prosecution concerned was the result of an explosion at a manufactory for making explosives. The petitioner wag the owner of the manufactory.

( 2 ) MR. Ajit Kumar Dutt appearing on behalf of the petitioner has contended that in deciding to frame the charges the learned Magistrate went beyond the scope of Section 251-A of the Code of Criminal Procedure. It is said that the learned Magistrate had looked into the relative case diary in addition to the documents referred to in Section 173. Mr. J. M. Banerjee appearing on behalf of the State has contended that the Court was entitled under Section 172 of the Code to peruse the case diary and that its power to do so is not limited by Section 251-A.

( 3 ) HAVING examined the impugned orders, we are of the view that the learned Magistrate allowed himself to be influenced by the case diary in framing the charges concerned. Under Section 251-A the Court is not permitted to

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