1. THIS Rule arises at the instance of Basudeb Mondal and eight others. In the Court of the first instance that is to say in the Court of Judicial magistrate, First Class, Alipore, a complaint was lodged by Dud Kumar Pramanik against the present petitioners on the allegation that they cut away and removed the paddy from his land and so they committed an offence under section 447 of the Indian Penal Code. Before the learned magistrate, it appears that six witnesses were examined and the learned magistrate by his order dated 27.6.78 discharged all the petitioners under section 245 (1) of the Code of Criminal Procedure on the ground that no case has been made out which if unrebutted would warrant their conviction. Being aggrieved Dud Kumar Pramanik moved the court of sessions at Alipore. The revisional application was heard by the additional Sessions Judge, Second Court, alipore who by his order dated January 31, 1979, set aside the order of the learned magistrate and he directed the learned magistrate to frame charges against the accused persons under section 447/379 Indian Penal Code and proceed with the case in accordance with law.

2. BEING aggrieved by that order the peti