RAGHAVAN, J.

One of these revisions is by the accused persons and the other by the State, in two different cases. Both the cases are now at the investigation stage; and the accused persons in both the cases surrendered before two Magistrates. Shortly after the surrender, the police officers concerned applied to the magistrates to give custody of the accused persons to them to be questioned; and one of the magistrates allowed it while the other did not. The revision by the accused persons is against the former; and the revision by the State is against the latter.

2. When these petitions came before Narayana Pillai, J., the order in re the Sub-Inspector of Police Meenachil (Crl. R.P. No. 152 of 1961) by a Division Bench of this Court was placed before the learned Judge. In that case what happened was that the magistrate remanded the accused to police custody first and then went back on the order and declined to give custody of the accused to the police. The matter came to this Court, and Raman Nayar, J. (as he then was) and Govinda Menon, J. dismissed the petition without considering the question on merits. The learned Judges just observed that, since the averment in the p