JUDGMENT 1. The trial of the Petitioners, on a charge of rioting, was heard before M. Syed Naziruddin, Sub Deputy Magistrate. That officer having nearly finished the case, was transferred to another place, and so the trial was continued in the Court of M. Abu Zaffer, Honorary Magistrate, sitting singly, with second class powers. An application was made to the second Magistrate for a de novo trial in terms of sec. 350, C. Cr. P. Then what happened was this:--The witnesses for the prosecution were summoned, but the prosecution Muktear declined to examine them. Accordingly, the defence Muktear, without making any objection, cross-examined those witnesses. We think that the provisions of sec. 350 were not duly complied with. It is impossible to say that the accused have not been materially prejudiced by the procedure adopted, for it is evident that the Honorary Magistrate has arrived at conclusions on the evidence the whole of which was not recorded by him self. Under the circumstances we are obliged to set aside the convictions and sentences, and we direct that the Petitioners be retried by some other competent Magistrate in the district to be nominated by the District Magistrate. 2. The Petitioners will be released, and their ball bonds cancelled.