At the time the Criminal Law Amendment Act, 1952, Act XLVI of 1952, came into force on the 28th July, 1952, certain proceedings were pending against the petitioner herein under section 161 of the Indian Penal Code before a Special Magistrate who had already framed charges against the petitioner and posted the case for further hearing to the 12th August, 1952. Under section 10 of Act XLVI of 1952, this case stood transferred to the Special Judge who at that time was the Sessions Judge of Coimbatore, who in his turn transferred the case to the Additional Sessions Judge for disposal. Subsequently the Principal Assistant Sessions Judge of Coimbatore (Sri S. Varadarajulu Naidu) having been appointed as a Special Judge, in virtue of the powers conferred under section 6 of the Act on 18th February, 1953, took up the case for hearing and proceeded with the examination of some witnesses when he was promoted and transferred from the station. When his successor Sri C. Rajabadar Odayar took up the enquiry, an application was made on behalf of the State that in view of some reported decisions of the High Court the enquiry should be re-commenced afresh consequent on the change