Appeal from the judgment and order dated September 28, 1956, of the former Andhra High Court at Guntur in Criminal Revision Case No.
57 of 1957 and Criminal Misc.
V. Sarma, K. Ramaseshayya Chaudhury and T. S. Venkataraman, for the appellants.
207 and 207A, Code of Criminal Procedure hereinafter referred to as the Code , which, read together, were introduced into the Code by Act XXVI of 1955.
The appellants applied for and obtained the necessary certificate under Art.
294 of 1957.
V. R. Tatachari and T. M. Sen, for the respondent.
For the purposes of this appeal, it is only necessary to state the following relevant facts.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
K. Daphtary, Solicitor General of India and T. M. Sen, for the Intervener Union of India .
241 of 1956.
147, 148, 323, 324 and 302, read with ss.
The 26 appellants have been companymitted to the Court of Session, Guntur Division, to take their trial for offences punishable under ss.
The Union of India has been allowed to intervene on an application made in that behalf in view of the fact that the provisions of the Central Act have been impugned as unconstitutional.
Petition No.
The local police investigated the case, and after recording such evidence as it companyld companylect in respect of the occurrence, submitted a charge sheet under the aforesaid sections of the Indian Penal Code, to the magistrate having jurisdiction to entertain the case.
34 and 149, Indian Penal Code.
The following Judgment of the Court was delivered by SINHA J. The only question that arises for determination in this appeal on a certificate granted by the High Court of Andhra Pradesh at Hyderabad, under Art.
134 1 c of the Constitution, is the companystitutionality of the provisions of ss.
They impleaded the State of Andhra Pradesh as the sole respondent.
The local police took companynizance of a serious occurrence of rioting with murder on December 22, 1955.
