SHELAT, J. :- This is an application in revision against the order passed by the learned Presidency Magistrate, IVth Court, Girgaum, whereby re dismissed under S. 203 of the Criminal Procedure Code the complaint filed by the petitioner on the 31-10-1956. The application raises points of interest in regard to the scope of the powers of Magistrates under Chapter XVI of the Criminal Procedure Code.

2. Before we go to the several contentions raised on behalf of the parties in somewhat elaborate arguments, it would be expedient to set out a few facts relevant for the purposes of this judgment.

3. It is a well-known fact that, in the evening of the 3-6-1956, a public meeting was held at Chowpaty which was to be addressed by the Prime Minister of India. It is equally a well-known fact that considerable disturbance was caused at that meeting as a result whereof that meeting had to be dispersed. Consequently large crowds began to wander about in various localities around Chowpaty including the area around Charni Road Station. It is the case of the petitioner that at about 8 p. m., that day, his younger brother Sitaram Ghadigaonkar, was crossing the road from the up side of Charni Roa