G. C. MATHUR, J. :- A report under Sections 147 and 323, I. P. C. was lodged at P. S. Sahatwar against the five applicants in this revision. After investigation, the S. O. on August 27, 1967, wrote out a final report to the effect that no case was made out. Before this final report was received by the Magistrate, Tarkeshwar Pathak O. P. No. 2 made an application on September 13, 1967, before the Magistrate concerned, praying that the final report be rejected and the accused be summoned. The Magistrate ordered this application to be put up with the final report when received. On September 19, 1967, the applicant made an application to the Magistrate to reject the application dated September 13, 1967. On this application also, the Magistrate passed an order directing it to be put up when the final report was received. After the final report was received, the two applications together with the final report were put up before the Magistrate. On September 26, 1967, he passed the following order :-

"There is evidence sufficient prima facie to summon the accused. Let accused be summoned. Register the case and issue summons to the accused. A.P.P. to prepare the copies."

Against this