S.S. Byas, J.-These two petitions under Section 482, CrPC have been filed by the accused against the two orders of the learned Sessions Judge, Merta City each dated 14-9-1988. Since the original orders by the Munsiff and Judicial Magistrate, Ladnu were passed at different stages in one and the same criminal case, they were heard together and are decided by a single order. By one impugned order, the learned Sessions Judge cancelled the bail under Section 439(2), CrPC granted to the accused by the learned Munsiff and Judicial Magistrate, Ladnu. By the other impugned order, the learned Sessions Judge quashed the order of the Magistrate dated 4-10-87 by which the Magistrate refused to take cognizance of the offences under Sections 457 and 376, IPC and instead took cognizance of the offence under Section 448, IPC.

2. For a proper appreciation of the controvercies involved, it would be proper to notice the material facts in brief

3. Smt. Samander Kanwar, the prosecutric appeared at Police Station, Ladnu on 11-9-1987 and presented a written report stating therein that when she was sleeping on the roof of her house in village Gudila in the night between 8th and 9th September, 1987,