1. This petition by the sixteen accused is laid for quashing the further charge framed against them under S. 228 (1) of the Code of Criminal Procedure, for an offence under S. 149, I. P. C. by the Assistant Sessions Judge, Chirala.

2. The facts necessary for the disposal of this petition briefly stated are these: An F. I. R. was registered against the 16 accused on 8-9-1977 by the Sub-Inspector of Police, Vetapalem, for the offences under S.147, S.148, S.149, S.448, S.324 and S.326, I. P. C. alleged to have been committed by them on 7-9-1977. After investigation, a charge - sheet was laid by the Sub-Inspector on 30-11-77 for the offence under S.148, S.324, S.326, S.307 and S.149 I. P. C. The Judicial Second Class Magistrate, Chirala, committed the accused to Sessions, as one of the offences i.e., the offence under S. 307 I. P. C. was exclusively triable by the Sessions Court. On receipt of the committal order, the Sessions Judge, Ongole, made over the case to the Assistant Sessions Judge for trial and disposal. The Asst. Sessions Judge on a consideration of the record and the documents and on hearing the accused and the prosecution, framed charges for the offences under S.148. 307 a