JUDGMENT

Bennet, J. - This is a reference by the learned District Magistrate of Aligarh recommending that this Court should set aside an order of a Magistrate passed u/s 119, Criminal Procedure Code, discharging an accused person who had been ordered to show cause why security should not be taken from him u/s 109, Criminal Procedure Code. The law on the subject is laid down in Emperor Vs. Ram Lal and Another, AIR 1929 All 273 where a Bench of the court held that such a case could come before this Court on its revisional side, but that this Court would not go into the merits of the case unless there was something to show that there has been a material departure from the legal principles according to which the case ought to have been dealt with, or if it is asked to go into the facts it will only do so if something is shown which particularly indicates that it is desirable to enter into those facts. In the present case some prosecution witnesses told a story to the effect that the accused was phased at night and that he hid behind a wall and that he had an instrument of burglary with him. The trying Magistrate did not believe those statements. The District Magistrate states that he d