STATE OF BIHAR Vs. BAIJNATH SHARMA

JUDGEMENT

(1.) These two cases arise out of the same matter, and in respect of orders of' the same date, but passed in two different cases, although arising between the same parties and out of the same matter.

(2.) The reference under Section 438, Criminal P. G. is by the learned Sessions Judge of Saran, recommending that the order dated 25-1-54, of the Sub-divisional Magistrate, Chapra, passed in case No. 1007 of 1953, withdrawing the investigation, and restraining the police from taking any further action, be set aside.

(3.) The criminal revision is by one of the accused, A.J.U. Munro, against an order dated 4-9-1954, of the same learned Sessions Judge, rejecting his application for quashing Ms prosecution by the same Sub-divisional Magistrate by an order dated 25-1-1954, passed in case No. 703/87T of 1953, taking cognizance under Section 420, Penal Code against him, and two others.