JUDGMENT

Suhrawardy, J. - This rule has been issued on the application of the crown against an order of the Chief Presidency Magistrate of Calcutta discharging the accused persons u/s 253, Criminal P.C. The facts are that on 10th January 1928 one Gulzari Mull Thakur laid a complaint before the Chief Presidency Magistrate against the accused in respect of offences under Sections 380, 411 and 403, I.P.C. The learned Magistrate ordered the Deputy Commissioner of the Detective Department for enquiry into the matter. On 10th February the police produced the two accused under arrest before the Magistrate who remanded them to hajut. On 13th February 1928 the police submitted charge-sheet against the two accused. It appears from the charge sheet that accused 1 was charged u/s 380 for stealing a deed of conveyance or in the alternative for dishonestly retaining it in his possession. The first accused was further charged with an offence u/s 471 for fraudulently and dishonestly using as genuine two forged documents namely, one acknowledgment receipt dated 2nd July 1927 and one counterfoil of rent bills book. The , second accused was charged u/s 414 read with Section 511 for voluntarily assisti