( 1 ) A case under Sections 324 and 506. P. C. was instituted by the opposite party No. 1 against the applicant. When the applicant appeared in court he applied to the Magistrate for acquittal on the ground that the offence had been compromised at home. The application was not accepted by the Magistrate and he proceeded to record the evidence of the complainant and on 5-2-1958 framed a charge under Section 323. P. C. which is cornpoundable. Then the case was transferred to another court where the applicant applied again for acquittal on the ground of the compromise. The Magistrate refused to go at once into the question whether the offence had been compounded or not and said that he would proceed with the trial and decide the question at the end of the trial.

( 2 ) IT is not understood why the Magistrate refused to decide at once the question whether there has been any compromise or not. Though tha prosecution was for the offences of Sections 324 and 508 since only a charge under Section 323 has- been framed against the applicant I take it that the offence alleged to have been committed by him is that of Section 323. P. C, only. As soon as that offence was compounde