DESAI, J.

( 1 ) THIS is an application in revision against an order of the Additional Sessions Judge of Agra cancelling a charge framed against the applicant under Section 304a, Penal Code, by a magistrate and directing him to be committed to the Court of Session to stand trial on the charge of Section 304, Penal Code. The learned Sessions Judge claims to have exercised the powers conferred by Section 437, Criminal P. C. , and the question that we have to decide is whether those powers could have been exercised by him in the circumstances of the case In obedience to the learned Judges order, the learned Magistrate has framed a charge under Section 304, Penal code, and committed the applicant to the Court of Session. No prayer has been made by the applicant for the quashing of the commitment. It does not matter, however, inasmuch as if the order under revision is set aside, the consequential order can be passed by us quashing the commitment.

( 2 ) THE applicant was prosecuted by the police under Section 304, Penal, Code for causing the death of a barber by shooting at him. The learned Magistrate commenced proceedings under chap. 18 of the Code. He recorded the evidence for the pros