1. But for the disturbing features in the legal parlance caused by the lower subordinate judiciary, there would not have been any occasion to admit this revision in exercising the revisional jurisdiction of the High Court. The challenge before me in this revision pertains to the order passed by the learned First Additional Sessions Judge-cum-Chief Judicial Magistrate, Coimbatore in Crl.M.P.No.315 of 1996 and S.C.No.83 of 1995 dated 4. 1996 refusing to refer the matter to the High Court under Section 395(2) of the Code of Criminal Procedure or to remit the whole case to the file of the Judicial Magistrate No.III, Coimbatore to follow the procedure laid down under Section 306(4) of the Code of Criminal Procedure.

2. The matrix of the matter to be highlighted in brief is that in view of the previous enmity, the deceased - first accused, by name, Mahesh alias Maheswaran and Muralidharan, the petitioner herein are alleged to have entered into a criminal conspiracy along with one Mohankumar, who had been treated as an approver on 2. 1994 to commit the murder of one Dhakshinamurthy and in furtherance of the same at about 12.00 midnight on 8/2. 1994 the said deceased Dhakshinam