R. K. DASH, J.

( 1 ) THIS is a petition under Section 401 read with Section 307 of the Code of Criminal Procedure by the accused persons wherein they have challenged the order of the learned Sessions Judge, Dhenkanal, remanding the case back to the trial court for disposal in accordance with law.

( 2 ) THE facts giving rise to initiation of a criminal proceeding against the accused persons may suceinctly be stated thus : On 3-8-91 at about 4 P. M. two C. I. S. P. personnel while performing patrol duty inside the smelter plant of NALCO on noticed that a man was replacing new tyres to a truck bearing registration No. MPT 9221 near M/s. G. D. C. office, on suspicion they informed the Officer-in-charge, Crimes, whereupon Inspector B. N. Rout along with another rushed to the spot and apprehended one of the second, namely Rama Chandra Behera while he was replacing the tyres. The other accused, namely, Prakash Chandra Jena, an employee of NALCO who was present there was helping Shri Behera to execute the aforesaid work.

( 3 ) FIR was then lodged, a case was registered and after usual investigation, charge-sheet was laid against the accused persons to face trial under Section 379 read wi