G.N.Prasad, J.

1. The State Government has preferred this appeal against the order of the learned Additional Sessions Judge of Patna, who has set aside the order of the learned Judicial Magistrate of Patna, convicting the two respondents under Section J53A, Indian Penal Code, and sentencing them to pay a fine of Rs. 200.00 or to suffer rigorous imprisonment for two mouths each, in default. The first respondent is the Editor and the second respondent is the Printer and Publisher of a weekly Urdu newspaper called Sangam published in Patna town.

2. It appears that in the said newspaper, an editorial article captioned "Khoda Khair" was published on the 9th May 1959. Upon a consideration of the said article, the State Government thought that it promoted or attempted to promote feelings of enmity or hatred between the Hindus and the Muslims, and as such its publication constituted an offence punishable under Sec.153A of the Indian Penal Code. Accordingly, an order was passed on the 13th June 1959 authorising the Senior Superintendent of Police, Patna, to file a complaint for the prosecution of the two respondents. In pursuance of this order, the Senior Superintendent of Police, P