1. The applicants have been summoned under S.147, S.148, S.323, S.324 and S.307 I. P. C. as per order dt. 19-2-1983, Annexure 4. It would appear that the police submitted a final report in this case. A protest petition was preferred and the Magistrate then passed the following order : -
"Perused case diaries, application and other papers. In the cross case the accused have been challaned.
Prima facie offences u/s.147/148/324/323/307 IPC are made out against accused Qasim @ Fausi, Sukha Asghar, Mohd. Amin, Kamil. Hayat. Liyaqat. Mishtaq. Aalim, Amir, Ahmad. Hanif, Shaukat, Popat Jamil, Shakil Ahmad and Zafar and there are sufficient grounds to proceed against them.
Issue warrants of arrest against them. Fix 24-3-1983.
sd / MQ. Siddiqi
J. M. I. 19-2-1983."

2. It is urged that the order is illegal and without jurisdiction and is a non - speaking order and was based mechanically and the Magistrate was bound to follow the procedure for a complaint case which the Magistrate has failed to do and there was no provision for issuing warrant and the Magistrate could only direct a further investigation and police was right in submitting a final report. It was also stated that there is a cross ca