1. This Rule is directed against an order dated 26-12-1975 passed by the learned Chief Metropolitan Magistrate, Calcutta condoning the delay for filing the petition of complaint under Section 372 read with Section 374 of the Companies Act, 1956 and also for quashing the proceeding taking cognizance of the aforesaid offences. It appears that on 26-12-1975 Registrar of Companies, West Bengal filed an application under Section 473 of the Code of Criminal Procedure praying for condonation of the delay on the grounds stated therein. The learned Chief Metropolitan Magistrate before whom the said application was filed recorded an order on the petition itself. The order runs as follows: "Perused the petition. Heard the learned Advocates. It appears that in the present petition delay in filing the petition has been sufficiently explained and as the prosecution is in the interest of the State and on the ground of public policy the delay is condoned under Section 473 of the Code of Criminal Procedure for taking cognizance under Section 372 of the Indian Companies Act."

On the same date he took cognizance and issued processes against the accused petitioner fixing 9-2-1976 for appearanc