T. U. Mehta, C. J.—The learned Judicial Magistrate, First Class, Simla has framed charge against both the petitioners for the offence under section 454, and the same section read with section 109, I P. C. The respondent No. 1 Shri Stanley Haque, who is officiating Chairman of the Board of Governors of the Bishop Cotton School, filed a private complaint against the present petitioners and one other for the offences under sections 454 and s48, I. P. C. On this complaint, the learned Magistrate issued summons under Section 448, I.P.C. Thereafter, evidence offered by the complainant was recorded and ultimately after hearing the learned Advocates of the parties the learned Magistrate has framed charge against these two petitioners, as stated above, on 1st March 1975 and discharge the original accused No. 2. 2. Being aggrieved by this order of the learned Magistrate, the present petitioners, against whom the charge has been framed, have approached this Court in this revision.

3. It appears that on 5th September, 1975 this matter came up before a learned single Judge of this Court, and at the time of hearing before him a preliminary objection was raised to the effect that the orde