This Rule is directed against an order of the Sessions Judge at Howrah whereby he set aside the order of an assistant sessions judge of the district directing a complaint to be made against the present opposite party to a magistrate, first class, for an offence under section 211 of the Indian Penal Code. On a first information alleging an offence of dacoity resulting in a charge-sheet, the five petitioners were put on trial on a charge under section 395 of the Indian Penal Code. The trial ended in an acquittal with a finding that the allegations made in the complaint were false, frivolous and malicious. The present petitioners thereupon applied to the learned assistant sessions judge concerned for an enquiry under section 476 of the Code of Criminal Procedure with the object of making a complaint against the present opposite party for an offence under Section 211 of the Indian Penal Code. The learned assistant sessions judge allowed the prayer and directed that a complaint be filed as prayed for. Against this order of the learned assistant sessions judge, an appeal was taken to the sessions judge of the district and he found that the necessary findings required to be arriv