JUDGMENT 1. This is a rule calling on the District Magistrate of Faridpur to show cause why the order of the Sessions Judge of Faridpur dismissing the appeal of the Petitioner should not be set aside on the ground that the Sessions Judge having ordered the prosecution of the Petitioner under sec. 476, C.P.C., was precluded from hearing the appeal. The facts are that the Petitioner asked for letters of administration of the property left by his deceased brother. In support of his application which was opposed he made a false statement. The District Judge Mr. Palit then under sec. 476, C.P.C., sent the case to the District Magistrate for enquiry and trial for perjury. We do not know if the District Judge did this of his motion or an application made to him for sanction to prosecute the Petitioner. It seems most probable that an application was made to him for sanction to prosecute the Petitioner, for his order of the 9th March is headed "Sanction for criminal prosecution." But the point is immaterial. The Petitioner was tried by the District Magistrate and convicted and sentenced to 6 months' rigorous imprisonment. He then appealed to the Sessions Judge of Faridpur, Mr. Palit. The grounds pressed before him were that the conviction was wrong on the merits and that the sentence was too severe. Mr. Palit dismissed the appeal. The Petitioner then obtained the rule set forth above. The Pleader for the Petitioner says that as Mr. Palit ordered the prosecution of the Petitioner under sec. 476, he was disqualified to try his appeal. He relies on the provisions of sec. 556 and especially on the illustration to this section. We think the provisions of sec. 556 did not disqualify Mr. Palit from hearing the Petitioner's appeal. Mr. Palit cannot be said to be personally interested in the case and he did not hear an appeal from a judgment or order passed or made by himself. The illustration to sec. 556 does not apply to this case. According to this illustration a Magistrate is disqualified from trying a case involving a breach of the Excise laws instituted by himself as Collector. 2. This is because in such a case the Collector is the prosecutor and has a certain pecuniary interest in the resist of the case. Mr. Palit has no such interest in the present case. 3. According to this illustration a Magistrate is disqualified from trying a case involving a breach of the Excise laws instituted by himself as Collector. 2. This is because in such a case the Collector is the prosecutor and has a certain pecuniary interest in the resist of the case. Mr. Palit has no such interest in the present case. 3. On the other hand, the District Magistrate who shows cause against the rule, relies on the Full Bench case of Queen-Empress v. Sarat Chandra Rakhit ILR 16 Cal. 766 (1889) in which it has been held that "a Sessions Judge is not debarred by sec. 487 from trying a person for an offence punishable under sec. 196, I.P.C., when he has as District Judge given sanction for his prosecution." The District Magistrate points out that under this Full Bench ruling Mr. Palit would not have been debarred from trying the Petitioner himself. Hence, he could not be debarred from hearing his appeal. The District Magistrate further calls attention to the fact that the Petitioned himself appealed to Mr. Palit and made no application for the transfer of his case to the file of any other Appellate authorities. 4. We are of opinion that this Full Bench ruling is in point, and that Mr. Palit was not legally debarred from hearing the Petitioner's appeal. The pleader for the Petitioner argues that in this Full Bench case the District Judge merely gave sanction to the prosecution of the accused, while in this case Mr. Palit ordered his prosecution under sec. 476. We think this makes no difference. Mr. Palit merely ordered an enquiry by the Magistrate under sec. 476, and this does not disqualify him under sec. 487 from trying the case or hearing the appeal nor does it make him personally interested in the case within the meaning of sec. 556. We accordingly discharge this rule.