Judgment

SUBBA RAO, J. : This appeal by certificate raises the question of the scope of S. 537 of the Criminal Procedure Code.

2. The facts are not in dispute and may be briefly stated. On September 16, 1956, at about 3-55 P.M. the Sub Inspector of Police, attached to Chainpur outpost, found 10 to 15 persons gambling by the side of the road. He arrested five out of them and the rest had escaped. The Sub Inspector took the arrested persons to the out-post and as one of the arrested persons Jamal adopted a violent attitude, he ordered him to be handcuffed whereupon he began to abuse the Sub Inspector. It happened that a large number of Bhians, male and female, were dancing close to the outpost. Some of them hearing the noise rushed with lathies to the outpost, assaulted the Sub Inspector and two constables and looted the out-post. Three charge-sheets were filed in the court of the Sub Divisional Officer in respect of the said incidents first against the appellants Nos. 1 to 4 and others under Ss. 147, 452 and 379 of the Indian Penal Code alleging that they raided the outpost, looted some properties and assaulted the informant and others; the second against the appellant 5 and 4 others