Ramratna Singh, J.

1. This application IS directed against an order of the Third Additional Sessions Judge, Patna, refusing to make a reference to this Court.

2. One Ramchanar Sao lodged an information before the police about a dacoity said to have been committed in his house. The petitioners and one Tengar Beldar were named in the first information report. On the 24th July 1962, the police, after completing the investigation, submitted charge-sheet against Tengar Beldar only under the order of the Deputy Superintendent of Police and final report in respect of the other accused including the petitioners on the ground, it is said, that the Deputy Superintendent of Police was of the opinion that the names of the petitioners had been mentioned in the first information due to enmity. On the same date, Mr. Ramyash Prasad Singh the Sub-divisional Magistrate, Sadar, Patna directed that the record be put up on the 31st July 1962 along with the case-diary for consideration as to whether a prima facie case had been made out against any of the other accused persons including the petitioners- On the 31st July 1962, the case-diary was perused and the learned lawyer for the State as also