1. This petition under Section 561-A of the Code of Criminal Procedure prays for the quashing of proceedings for the trial of the petitioners under Section 174 of the Indian Penal Code.

2. An order was issued under Section 160 of the Code of Criminal Procedure requiring the petitioners to present themselves at Police Station Chhota Simla. District Simla, on October 1, 1973 in connection with the investigation of a case. The order was served on them at New Delhi on September 28, 1973. The petitioners were unable to attend at the Police Station in compliance with the order. Consequently a challan was entered by the Assistant Public Prosecutor in the Court of the Chief Judicial Magistrate. Simla against the petitioners in respect of an offence under Section 174 of the Indian Penal Code. Summons were issued to the petitioners and the case against them is pending before the said Chief Judicial Magistrate. The petitioners assail the validity of those proceedings.

3. It is evident that the petition must succeed. Clearly the petitioners are not guilty of any non-compliance with the orders issued under Section 160 of the Code of Criminal Procedure. Section 160 empowers a police officer m