S.N.P.Singh, J.

1. This application in revision is directed against the order dated the 20th of December, 1961 passed by the Sub-Divisional Magistrate Monghyr, Sadar, taking cognizance of a case against the petitioners under Sections 144 and 379 of the Indian Penal Code.

2. It appears that, on a first information report filed by one Parmeshwari Singh on the 2nd of April, 1961 the, police officer of Barahiya police station registered a case and took up investigation. It is not necessary to state in any detail the allegations made in the first information report. After completing the investigation, the police, at the first instance, submitted final report false. That final report is dated the 21st of September, 1961. On the 1st of November 1961, the police, however, submitted a charge-sheet against the petitioners under Sections 144 and 379 of the Indian Penal Code. It appears from the order sheet of the Sub-Divisional Magistrate that the final report which had been submitted by the police did not reach him till the 15th of November, 1961, and, on that date, the Magistrate adjourned the case for the 1st of December, 1961. On the 1st of December 1961, the Sub-Divisional Magist