Judgement

SINHA, J.- The only question that arises for determination in this appeal on a certificate granted by the High Court of Andhra Pradesh at Hyderabad, under Art. 134 (1) (c) of the Constitution, is the constitutionality of the provisions of Ss. 207 and 207A, Code of Criminal Procedure (hereinafter referred to as the Code), which, read together, were introduced into the Code by Act XXVI of 1955. The 26 appellants have been committed to the Court of Session, Guntur Division, to take their trial for offences punishable under Ss. 147, 148, 323, 324 and 302, read with Ss. 34 and 149, Indian Penal Code.

They impleaded the State of Andhra Pradesh as the sole respondent. The Union of India has been allowed to intervene on an application made in that behalf in view of the fact that the provisions of the Central Act have been impugned as unconstitutional.

2. For the purposes of this appeal, it is only necessary to state the following relevant facts. The local police took cognizance of a serious occurrence of rioting with murder on 22-12-1955. The local police investigated the case, and after recording such evidence as it could collect in respect of the occurrence, submitted a charge-s