ORDER :- This Rule was issued on the District Magistrate of Bankura to show cause why the order passed by a Magistrate committing these petitioners to the Court of Session for trial for offences under sS.147 and 436, Penal Code, should not be quashed.

2. It appears that information was lodged at the Thana on 20-8-1949, by Rashik Dome alleging that offences under Ss.143 and 436, Penal Code had been committed by a number of persons. The police after an enquiry sent up charge sheet only under S.147, Penal Code, against all these petitioners. After examination of 6 of the prosecution witnesses the learned Magistrate came to the conclusion that the evidence disclosed a case under S.436, Penal Code, and apparently he expressed his decision to enquire into the matter under the provisions of chap. xviii, Criminal P.C. There was a prayer on behalf of the defence that as the charge sheet had been submitted under S.147, Penal Code, they were not prepared for cross-examination at that stage.

Thereafter some more witnesses were examined in chief and after 11 witnesses had been examined in chief they were all cross-examined after which the learned Magistrate examined the accused. On 18-7-1950, the

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