R.K.Chaudhuri, J.

1. This is an application in revision for quashing a commitment directed by the learned Additional Sessions Judge of Monghyr, under Sections 437 of the Code of Criminal Procedure. The prosecution case was that on 21-11-59 at about 8 or 8-30 A.M. the petitioners along with others raided the padoy field of the complainant and wrongfully harvested the crop from an area of about one bigha and a half. They are also alleged to have removed this harvested paddy and also some more paddy which had been kept near his dera and set fire to the dera itself. A written complaint about the occurrence was lodged at the police station, The Police after investigation submitted a charge-sheet against the petitioners under Sections 143 and 379 of the Indian Penal Code. On a petition filed by the complainant the learned Magistrate converted the trial into an enquiry under Chapter XVIII of the Code of Criminal Procedure. The prosecution examined altogether five witnesses to prove the occurrence including the arson.

The learned Magistrate found that there was prima facie evidence to show that offences under Sectionss 143 and 379 of the Indian Penal Code had been committed. Regard