BRIJ MOHAN LALL, J.

( 1 ) THIS is a petn. Under Sections 215 and "61a. Cr. P. C. for quashing an order of commitment passed by a learned Mag. first class, of Agra. It arises under the following circumstances, viz:--Twelve persons, including the present appcts. were alleged to have commenced an assault on one Ram Singh and several others. After a while, eight of them were said to have run away but the remaining four were said to have continued the assault. The result was that Ram Singh died. A charge sheet was submitted against all the twelve persons including the appcts. Under Sections 302/149 and 147 I. P. C. The learned Mag. split up the trial into two. He charged the four persons who continued the assault up to the end Under Sections 302/149 I. P. C. and committed them to the Ct. of session. Against the remaining eight, he framed charges Under Sections 325/149 and 147 I. P. C. He decided to keep that case on his own file and to try it himself. This order was passed by the learned Mag. on 18-11-1950. In that order he rejected the contention that simply because this case arose out of the same transaction as the other one it should be committed to sessions. He recognised the fact t

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