1. This Rule was issued upon an application made by one of the accused persons in a criminal case pending before a Magistrate at Sealdah in which charges have been framed against three accused persons for alleged offences under S.147, S.323 and S.341 of the Indian Penal code. The prayer in the Rule is for quashing the charges tramea against the petitioner Jyotijiban Ghosh. It has to be observed that, in the certified copy of the charge filed with the petition in this Court, the name of Jyotijiban Ghosh Has been wrongly mentioned as Jyotijiban Shah. That bespeaks of carelessness with which the copy was compared and certified to be a true copy in the Magistrate's Court.

2. Appearing in support of the Rule, the learned Advocate Mr. Nikhil Chandra talukdar has urged that the case having been instituted upon a police report the procedure under S.251A of the Code of Criminal Procedure was followed and, for framing the charges under the provisions of S.251A(3), the materials before the Magistrate were only the documents, copies of which had been given under the provisions of S.173(4) of the Code of Criminal Procedure , that is, the First Information Report and the statements recorded by