( 1 ) THIS reference is made by the learned Principal Sessions Judge hyderabad, recommending that the order of the Magistrate refusing the handing over of the accused to the Police for purposes of recovery of a knife, is set aside. In P. R. C. No. 16 of 1970, the Police had filed a charge-sheet alleging that on 5th june, 1970 at about 7-45 P. M. , the respondent along with others formed into an unlawful assembly with the common object of causing deaths to Pottisatti krishna and Sambaiah and committed noting, in the course of which Sambaiah was stabbed as a result of which he died the respondent, after the commission of the crime, was said to be absconding in the meantime, when the investigation was completed by the Police, a charge sheet was filed on 4th July, 1970, against 16 persons and this respondent was shown as absconding, but it appears that on 21st August, 1970, the respondent appeared and surrendered himself to the II Citv magistrate. A petition for releasing him on bail was also filed and a notice was given to the Assistant Public Prosecutor and the case was posted for hearing ne day. On behalf of theprosecution c M. P. NO. 547 of 1970 was filed requesting the Court to h

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