(1.) THIS is an application made by the accused-petitioners for quashing the order of commitment passed by the Sub-Divisional Magistrate, Pan-posh in the district of sundargarh.
(2.) ON the information lodged by a Sub-Inspector of Police, Rourkela, a case was instituted alleging that on 21-3-1964 some houses in the Muslim Bustee were destroyed by fire and that some Muslims were killed. After investigation and charge-sheet the petitioners were to be committed to the Court of Sessions for trial under various sections of the Penal. Code. During the committal enquiry, the prosecution did not examine any of the occurrence witnesses whose names found place in the prosecution report submitted under Section 173, Criminal P. C. It appears that though the prosecution took time twice to produce the witnesses, ultimately it expressed its inability to produce any. The learned Magistrate on perusal, of the documents filed along with the prosecution report under Section 173, Criminal P. C. came to hold that it was a fit case for commitment to the Court of Session. He accordingly committed the petitioners for offences under Sections 148, 149, 436 and 302, I. P. C. It is against this order of commitment the present petition has been filed.
(3.) THE main contention of Mr. Das, learned counsel for the petitioners, is that the order of commitment is illegal as no occurrence witnesses were examined before the committing Court. Section 207-A, Criminal P. C. lays down the procedure to be adopted in commitment proceedings instituted on police report. Sub-section (4) of this section which is relevant for the present purpose provides that