1. This matter has come up before us with an order of reference passed by our learned brother Mr. Justice Raghavan. That order reads as follows:

"The Executive First Class Magistrate, Trivandrum started proceedings under S.133 of the Code of Criminal Procedure. Notice of the preliminary order was given to the petitioners; and they filed their objections before the Magistrate. However, they did not produce evidence in support of their objections, which they were bound to do under S.139A of the Code. Then, the Magistrate confirmed the preliminary order without taking evidence. In revision the said order is being challenged.

The counsel of the petitioners draws my attention to the decision of this Court in Ambi v. State of Kerala (1961 KLT. 617) by Anna Chandy J. laying down that under S.137'the conditional order cannot be made absolute without the party (complainant), being called upon to substantiate the allegation, which necessitated the passing of the conditional order by producing legal evidence'. I am inclined to agree with this. The counsel of the first respondent, the petitioner before the Executive First Class Magistrate, draws my attention to another decision of th