JUDGMENT

Brij Mohan Lal, J. - This is an application in revision by two persons, viz. Nand Gopal Misir and Keshari Singh against an order of a Magistrate first class Ballia summoning them to stand their trial for offenses punishable under Sections 20 (B), -'165, 384 and 38fi, Indian Penal Code, No evidence has yet been recorded against the applicants, nor has any charge been framed The magistrate has so far done nothing against 'he applicants except issuing the summonses. It is the order issuing the summonses which is challenged.

2. It appears that one Rama Shanker, a resident of district Ballia, has Home business at Howrah- He had a servant by the name of Sudama He suspected him of having committed a theft. He dismiss A him and got a pronote of R3. 500/- executed by him. It is alleged that Sudama gob annoyed with Rama Shanker and wanted to avenge himself against the wrong which Rama Shanker was supposed to have done to him. It is the prosecution case that he contacted Kunwar Singh and Sarju Raut. On 15-8-1947 Rama" Shankar's son was at his ancestral houaa in the district of Ballia and hid gone out to see the celebrations in connection with the Independence Day. From there he did not