( 1 ) THIS revision has come up before us on reference by a learned single Judge of this Court. The point referred to us is that whether a mis-joinder of accused in a trial was an illegality and has to be set aside irrespective of the provisions o Section 537, Cr. P. C. The present revision has been directed against the order of a Magistrate of 1st Class of Shahjahanpur convicting both the applicants for an offence punishable under Section 19 (f) of the Arms Act and sentencing each of them to undergo rigorous imprisonment for a period of nine months. On appeal their conviction and sentence was maintained by the learned Sessions Judge. Aggrieved by the order passed by the court below both the applicants have come up in revision to this court.

( 2 ) THE facts are that on search being made of a house jointly occupied by the two applicants the station Officer Raafat Ali recovered a 12-bore country-made pistol with lour live cartridges from a box which was locked and the key of which was in possession of Ahmad Husain, whereas another countrymade pistol was recovered from another box which was also kept in the same room and locked and the key of which was given by the oth