PATNAIK, J.

Common questions of law and fact arise in all these Original Petitions. Hence they were heard together and this common judgment is being delivered in all the five cases.

2. Petitioners are the accused persons in Crime No. 5/96 of Vanitha Police Station, Ernakulam (Crime No. 192/CR/96 of the CBCID). In the said crime case, a special team of police is investigating into the allegations of offences under sections 366A, 372, 376 and 344 read with Section 34, I.P.C. against the petitioners and some 55 others. All the petitioners contended that no case has been made out and prayed that the criminal proceedings against them may be quashed.

3. At first, all these Original Petitions came up before a learned single Judge for hearing. By order dated 9th April, 1977, the learned single Judge observed that these cases should be heard by a Division Bench of this Court to have an authoritative decision on a legal question regarding the power of the High Court under Art. 226 of the Constitution to quash the criminal proceedings which are under investigation against the petitioners and others. Learned single Judge referred to the following decisions, besides others, of the S