RANAWAT, J.

( 1 ) THIS is an appeal by the State from an order of the Sub-divisional Magistrate, baran dated the 14th of October 1960, dismissing the case on default of the appearance of the Public Prosecutor or someone on his behalf. Though no specific provision of law has been referred to by the Sub-divisional Magistrate under which he purported to act, yet from the nature of the order that was written by the said officer, it seems that he presumably desired to take action under Section 247 of the Criminal Procedure Code in dismissing the case.

( 2 ) THE Station House Officer Police Kotwali Baran district Kota submitted a report to the Sub-divisional Magistrate on the 7th of September 1960 stating the facts of an occurrence that was alleged to have taken place on the 2nd of September, 1960 at 11 a. m. in the bazar of Baran and in which the accused Mahmood and gopilal indulged in a fight on a public road which, in the opinion of the Police officer, was likely to lead to a disturbance of the public peace. The report further stated that an offence under Section 160 of the Indian Penal Code of affray had been committed by the accused persons and that suitable action may be