JUDGMENT

Henderson, J. - This is a rule calling upon the Deputy Commissioner Tejpur to show cause why the conviction of the petitioner u/s 211, I.P.C., should not be set aside. The relevant facts are as follows : The petitioner was given shelter for the night in the house of the prosecution witness Bhabanath. In course of the night, he attempted to take advantage of Bhabanath's wife. As a result of this he was beaten by Bhabanath. He then went to the Police Station and brought an entirely false charge of robbery against Bhabanath. The police reported the case to be a false one and prayed for the prosecution of the petitioner u/s 211, I.P.C. The Magistrate called upon the petitioner to show cause why he should not be prosecuted, and the petitioner then filed what is known as a narazi petition." The case then proceeded to trial, and the petitioner was in due course convicted. His appeal to the Sessions Judge was unsuccessful. This rule was issued on three grounds : (1) that the sanction of the Magistrate who dealt with the narazi petition was necessary before a prosecution could be started; (2) that it was improper to proceed with the trial until narazi petition was disposed of; and (