Narayan, J.

1. This is a reference by the Third Additional Sessions Judge, Patna, recommending that an order of acquittal passed by Mr. S. M. Ozair, Judicial Magistrate, Dinapur, in a case under Sec.144, Penal Code be set aside.

2. The occurrence giving rise to the case had taken place on 11-5-1950 at a place called Bikram Hat near Bikram police station. Several persons were found shouting and brandishing their weapons and on hearing the shouts the officer in charge of the Bikram police station went to the spot and ordered them to disperse. This order was disobeyed, and the ring-leaders were arrested. Fourteen persons were put on trial under Sec.144, Penal Code, and on 27-12-1950 a petition was filed by the Assistant Public Prosecutor praying that the case be split up and there be two separate trials each directed against one set of accused persons who formed one party. This application was rejected by the learned Magistrate. But on 6-4-1951 the learned Magistrate acquitted the accused persons on the ground that their joint trial was illegal. The learned Sessions Judge has recommended that the order of acquittal be set aside, firstly, on the ground that the learned Magistra