T. U. Mehta, C. J.:- The learned Judicial Magistrate First Class, simla has framed charge against both the petitioners for the offence under S. 454, and the same Section read with S. 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 448 I.P.C. On this complaint, the learned Magistrate issued summons under S. 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 discharged 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 5-9-1975 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 order of the learned Magistra