Guha Roy, J., held that the order of Chunder, J., in Criminal Revision No. 965 of 1952 operated as a bar; that the proceedings before the Sub Divisional Magistrate at Darjeeling were really a con tinuation of the proceedings before Mr. J. C. Lodh, Special Judge and that the appellant was bound by the decision of Chunder, J. section K. Sen, J., agreed and held that the order of acquittal was by a Court which was not of competent jurisdiction and therefore it (the acquital) was no longer in existence when Chunder, J., passed the order on March 19, 1953, and the petitioner could not get the benefit under section 403 of the Criminal Precedure Code or the "subsequent change in the law introduced by the Supreme Court decision " in Kedar Nath Bajoria vs The State of West Bengal(1).