JUDGMENT

Lancelot Sanderson, C.J. - This is a Rule calling upon the District Magistrate to show cause why the convictions of and sentences passed upon the petitioners should not be set aside on the first ground mentioned in the petition; and the first ground is, that "the trial of the petitioners on charges framed in contravention of Section 233, Criminal Procedure Code, was without jurisdiction and void and the convictions bad and sentences and orders u/s 106 of the Criminal Procedure Code passed on such trial are illegal and fit to be quashed."

2. The charges, (as they appear from the petition) against the petitioners, who are 14 in number, were, first, u/s 147 of the Indian Penal Code, secondly, u/s 149 read with Sections 325 and 323, and, thirdly, against some of the petitioners u/s 353 of the Indian Penal Code. The learned Vakil for the petitioners raised no objection to the charge u/s 147 of the Indian Penal Code and that is the section under which the petitioners have been sentenced. Some of the petitioners have been convicted in respect of the other charges, but no separate sentences have been passed in respect thereof.

3. The objection, which the learned Vakil for the petitio