Das, J.

1. This application in revision raises an interesting question of some importance. The question is if a Magistrate vested with powers under Sec.30, Criminal P. C., can award compensation to the accused person under the provisions of Sec.250, Criminal P. C., when the offence he tries is an offence which is triable by the Court of session under the eighth column of Schedule II, Criminal P. C.

2. The material facts are the following. On 29-4-1951, the petitioner Narain Hazam lodged a first information at Dhanwar Police Station against four persons, opposite parties before us, in which the accused Ramdhari Singh, opposite party No. 1, of having set fire to his house and Mahabir Singh, Suba Singh and Mathura Singh, opposite parties 2 to 4, with having abetted Ramdhari Singh in the commission of the offence of arson. On the basis of the first information, the local police made an investigation and submitted a charge-sheet against the opposife party.

Ramdhari Singh was charged with an offence under Sec. 436, Penal Code, and Mahabir Singh, Suba Singh and Mathura Singh were charged with abetment of the said offence. Mr. S. F. Azam, a magistrate vested with powers under Sec.3