Happell, J.

1. The petition in this case is in substance to quash the commitment of the petitioners to take their trial at the Sessions Court by the Additional District Magistrate of Ellore. The charge-sheet filed by the police was enquired into by the Stationary Sub-Magistrate of Narasapur under the provisions of Chapter XVIII of the Code of Criminal Procedure. But when the prosecution evidence has been led and, after hearing the arguments of both parties, he decided that no case had been made out of an offence under Section 307 and accordingly framed charges under Sections 147, 323 and 325 of the Indian Penal Code and converted, as he says, the case to a calendar case triable by himself. The Stationary Sub-Magistrate embodied his decision to frame charges against the accused only under Sections 147,323 and 325 of the Indian Penal Code in an order which he passed on the 30th March, 1944. The order of the Additional District Magistrate now under consideration was passed on an application to him to revise the order of the Stationary Sub-Magistrate of the 30th March, 1944, and to direct commitment of the accused to the Court of Sessions for trial under the charge of attempted mur