C. B. BHARGAVA, J.

( 1 ) THIS is an application in revision by the state and arises under the following circumstances:

( 2 ) ON 23rd August, 1960, Station House Officer, Abu Road, apprehended the respondents while they were gaming at 3 public place, that is, in the verandah of the office of A. W. L. I. S. which is outside the railway platform. On 20th september, 1960, Station House Officer submitted a police report before the judicial Magistrate First Class, Abu Road. The learned Magistrate ordered the case to be registered and directed the party to bring witnesses on the date of hearing which was fixed on 22nd September, 1960. There appears to be a rubber stamp in the court of the learned Magistrate containing the aforesaid order and that rubber stamp was also affixed on the order sheet of this case, but the order is duly signed by the learned Magistrate. On the next date, that is, 22nd September, 1960, all the accused were present before him and the learned Magistrate, in compliance with the provisions of section 251-A Criminal Procedure Code, delivered copies of investigation papers to the accused and adjourned the case for hearing arguments with regard to the framing o