P. S. Sa hay. J.

These two applications arise out of two different orders passed in G. R. Case No. 1760 of 1973. Criminal Miscellaneous No. 775 of 1976 has been filed by Bharat Pandey against the State of Bihar and six others against the order dated 12.11.1975, by which the Magistrate recalled his previous order dated 19.7. 1975.

Taking cognizance under section 182 and 211/34 of the Indian Penal Code. Criminal Miscellaneous No. 603 of 1976 has been filed on behalf of four persons against the order dated 2. 2. 1976 taking cognizance against the petitioners and others (14 persons in all) under sections 144, 436, 435 and 302 of the Indian Penal Code. It was transferred to the Court of Sri H. C. Singh, Judicial Magistrate, 1st Class, for commitment proceedings. In order to appreciate the points some facts will i, e. necessary.

2. On 31.12.1973 the Officer-in-Charge of Mairwa Police Station learnt that certain huts belonging to the Harijans bad been burnt. He rushed to the place and one Ramkishun Harijan reported that Kailash Pandey, Dayanand Pandey. Juttan Pandey and Bishwanath coudhary came near his house and Kailash Pandey ordered and Dayanand prepared a lukari and set fire to h