ORDER : M. K. Mukherjee, J. 1. Leave granted. Heard learned counsel for the parties. 2. Pursuant to an order of commitment made by a Judicial Magistrate, the appellant and one Prabhakaran were sent up for trial before the Assistant Sessions Judge, Kottarakara for offences punishable under the Abkari Act. At the time of framing of charges, the learned Judge found that no prima facie case was made out against the appellant and discharged him and proceeded with the trial of the other accused. On conclusion of the trial, the learned Judge held that the entire trial was void ab initio as the commitment was made by the learned Magistrate without complying with the requirements of the proviso to sub-section (2) of Section 202 Criminal Procedure Code. Accordingly, the learned Judge remanded the matter to the Magistrate for a fresh commitment in accordance with law. On receipt of the said order of remand, the learned Magistrate issued fresh processes against both the accused persons, including the appellant. Aggrieved by the issuance of process against him, the appellant moved the High Court but without success. Hence this appeal. 3. Having regard to the admitted fact that the order of discharge that was passed in favour of the appellant by the learned Assistant Sessions Judge was not challenged by the State, the Assistant Sessions Judge was not justified while trying the other accused only, in directing a fresh commitment of the appellant also. 4. We, therefore, allow this appeal, set aside the impugned order of the High Court and that of the learned Magistrate, issuing summons against the appellant.