This is an unusual criminal revision case filed against an unusual order made by the learned Additional Sessions Judge of Tiruchirapalli division in Crl.M.P. No. 82 of 1952 in Sessions Case No. 53 of 1951. Before entering into the merits of this case I may point out that in a Circular issued by the High Court of Madras dated 10th January, 1951, interlocutory petitions of this nature are thoroughly deprecated and the Hon’ble the Judges point out as follows:

“Instances have come up to the High Court which disclose that a system of procedure not contemplated by the Code is developing in the subordinate criminal Courts. In warrant cases (and a fortiori in Sessions cases also) accused persons before they are charged and put upon their defence anticipate their defence by petitions raising preliminary points upon which the Court passes judgment. These are then brought up on revision to the High Court pending which the trial of the case is adjourned. The High Court desires to impress upon the lower Courts that this procedure is unwarranted and makes for delay and extra work. An accused person has no right to raise a preliminary point before he is charged. He must wait to defend hims