1. On the basis of the police report, the Acting Chief Judicial Magistrate, Samastipur, took cognizance against the petitioners under Sections 147, 148, 149, 307, 224 and 332 of the Indian Penal Code. Before an order of commitment was made under Sec.209 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code), the petitioners filed an application before the learned Magistrate wherein it was, inter alia, stated that the facts alleged against the petitioners did not constitute an offence under Sec.307 of the Indian Penal Code and so far as the offences under Sections 147, 148, 149, 224, 225 and 332 are concerned, they were not exclusively triable by the court of Session. A prayer, therefore, was made that they may not be committed to the court of Session as the offence alleged against them was not exclusively triable by the Court of Session. The learned Magistrate was of the opinion that a re-consideration regarding the sections applicable to the case could not be made at the time of passing the orders under Sec.209 of the Code. He was of the opinion that since cognizance had been taken under Sec.307 of the Indian Penal Code also the petitioners had to be