JUDGMENT

Cuming, J. - The four petitioners in this case Safar Ali, Sujayatulla, Abdul Majid and Anwar Ali were convicted by a Sub-Deputy Magistrate exercising Second Class powers u/s 447, I. P. C, and sentenced each to pay a fine of Rs. 100. They appealed to the District Magistrate and the District Magistrate summarily rejected the appeal. They have now moved this Court and obtained the rule calling upon the District Magistrate of Noakhali to show cause why the appeal before him should not be reheard on ground 2 of the petition to this Court. Ground 2 is that in view of the complicated nature of facts and the voluminous documentary evidence, and the question of title involved in the case, the summary dismissal of the appeal has been improper and illegal. It is obvious that the summary dismissal of the appeal was not illegal. The Magistrate had power u/s 421, Criminal P.C., to dismiss this appeal summarily. It has been argued on behalf of the petitioners that, even though it was not illegal to dismiss the appeal summarily, still, it was improper in view of the complicated nature of the case. Whether or not it was improper for the District Magistrate to dismiss the appeal summarily is