ORDER 1. We concur in the view expressed in Forbes v. Ali Haider Khan A.I.R. 1925 Cal. 1246 and Khushal Jeram v. Emperor A.I.R. 1926 Bom. 534, that failure to comply with a mandatory provision of law is not necessarily an illegality that vitiates the proceedings, The question is whether the failure has been prejudicial to the accused. We see no reason to conclude that it has been prejudicial in this instance. The petition is dismissed.