Agarwala, J.

[1] A case under Section 324, I.P.C., was pending before Sri P. S. Fanthome, City Magistrate, Meerut. An order convicting the accused Vijay Pal Singh in the case was passed by the learned Magistrate on 3-5-1954. Two days later, Vijay Pal Singh made an application to the learned Magistrate praying that certain garments, which were material exhibits in the case, viz., a shirt and a banyan, which were alleged to be stained with the complainant's blood be sealed with the court seal in the presence of the learned Magistrate and the parties so that there might be no chance of their being tampered with later on. The learned Magistrate rejected this application with a short order, which is quoted below in full:

"The state of the garments has received mention in the judgment. No need to seal them now."

Sd. P. S. Fanthome. 5-5-1954.

The accused then filed an appeal in the Sessions Court at Meerut on the 6th of May and on the same day made an application to that court stating what an application had been made in the court of the City Magistrate requesting him to seal the aforesaid garments under the seal of the court, but the application was rejected. The accused as- serte