B.P.Sinha, J.

1. This is a reference under Sec. 438 of the Code of Criminal Procedure (hereinafter to be called the Code) made by the District Magistrate, Patna recommending to set aside the order dated 28-10-1967, passed by Mr. R. N. Mahraj, in a case instituted on a complaint filed by Devi Kant Jha.

2. There is a Math at Gokhulpur within the jurisdiction of Barh Subdivision of the district of Patna. Swami Shri Harikrishnanand was its Mahantha. On his death there arose a dispute for the gaddi resulting in some criminal cases. In that very connection Devikant Jha filed a petition of complaint before the District Magistrate, Patna alleging that Shri Bachan Singh, Shri S. N. Dubey, Inspector of Police, Bakhtiarpur, Shri D. N. Chaudhary, Officer-in-Charge, Harnout Police Station, Shri D. N. Tripathi, Magistrate, First Class, Patna and others including Havildar and constables named therein, had gone to the Gokulpur Math and committed rioting and murder by opening fire on servants of the Matha. The District Magistrate sent the complaint petition to the Subdivisional Magistrate, Barh for disposal. The Subdivisional Magistrate examined the complainant on solemn affirmation and ref