This petition raises a grievance, against the charge framed on the 28th April, 1969 :

"I, A. C. Kher, Magistrate First Class. New Delhi hereby charge you. Jugal Kishore and Ghamandi Lal as follows :-

That you on or about 15/16-12-1968, at Delhi in furtherance of common intention of you both by getting posters (Mark "A")) containing insulting language for Mahatma Gandhi printed and pasted at different places in Delhi including Parliament Street House intentionally insulted Mahatma Gandhi and thereby provoked followers of Mahatma Gandhi, including R. C. Madan and K. L. Bahl, P.Ws. intending or knowing that such provocation is likely to cause breach of public peace and thereby committed an offence-punishable under Section 504/34, I.P.C. and within my cognizance.

And I hereby direct that you be tried by me on the said charge.

Sd/-

A. C. Kher Magistrate, 1st Class 28-4-1969."

2. It is urged on behalf of the petitioners that no valid permission, as contemplated by Section 155(2) of the Criminal Procedure Code (hereinafter called "the Code") had been obtained for investigating the case against them and the charge framed is even otherwise illegal. Section 155 of the Code is :-

"155(1