Modi, J.—This is a reference by the Additional District Magistrate Alwar and raises an interesting question of procedure.

2. The material facts may be stated briefly as follows. The petitioners Nathia and another instituted a complaint against the opposite parties Sonia and others under secs. 323 352 and 504 I. P. C. in the court of the Sub-Divisional Magistrate, Rajgarh, on the allegations that the accused while purporting to build on their land on the 23rd January, 1953, had really encroached on a public thoroughfare, and on the petitioners remonstrating against that, the accused Sonia and Bhoria beat them with lathis and the other accused Kana and Hukama threw stones at them as a result of which they received a number of injuries. It was further alleged that some other persons residing in the village intervened between the parties otherwise the petitioners would have been given a still severe beating. The petitioners appear to have got themselves medically examined. On the 29th January, 1953, the Sub-Divisional Magistrate transferred the case to the court of the First Class Magistrate, Rajgarh, and process was issued against the accused. The accused appeared and their statements

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