ORDER :- This is a petition filed against the order made by the learned Sub Magistrate of Sattur in P. R. C Nos. 2 and 5 of 1957 and M. P. No. 105 of 1957.

2. The facts are : The Sub-Inspector of Police Elayirampannai, filed a charge sheet against three persons for offences punishable under Ss. 449 and 302 read with S. 34 I. P C It was taken on file as P. R. C. No. 1 of 1957 on 14-2-1957. Subsequently one Muthurakkammal wife of the deceased, gave a private complaint implicating along with these three persons another Ayyappa Naicker with respect to the same murder. Her sworn statement was recorded and the case was taken on file as P R. C. No 2 of 1957 against four persons under Ss. 302, 302 read with S. 109 and under S, 449 I.P.C.

3. The advocate for the accused filed a memo to the effect that since there cannot be two separate enquiries against the same accused in respect of the same criminal transaction, P. R. C. Nos. 1 and 2 of 1957 may be clubbed together and enquired into, adopting the procedure prescribed for private complaints which is the procedure most favour - able to the accused. On that the Assistant Public Prosecutor endorsed that he had no objection. Thereupon t