( 1 ) THE petitioners are being proceeded against for having committed offences punishable under Sections 409/120b and 477a, Penal Code that is to say, they are being tried for criminal breach of trust, conspiracy and falsification of accounts.

( 2 ) SOME of the petitioners were the managing agents of the Behala Sree Bank and some were the employees of the managing agents. The proceedings were started on the complaint of one Nani Gopal Haldar, a depositor, who had a current account with this Bank. His case briefly is that the managing agents of the Bank used the money which he deposited in his current account for the purpose of other businesses and thereby they committed the offences charged against them. On this petition of complaint, being filed the learned Magistrate ordered the police to investigate the matter treating the petition of complaint as the First Information Report. The police investigated the matter and submitted a charge-sheet and thereupon the learned Mag. proceeded against the accused petitioners. The present Rule has been obtained against this order and it is prayed that the proceedings be quashed.

( 3 ) THE first ground urged is that the learned Mag.