ORDER OF REFERENCE 1. I have taken up the case of King-Emperor v. Moosan in revision under section 438 of the Cr PC. 2. The Magistrate tried two men jointly under section 411 of the Penal Code, 1860. 3. The only connecting link between them is that on the Magistrate's finding, each retained some property stolen from a single complainant several days before. It is not suggested that either or both are the original, thieves. They live in separate houses and do not appear to be in any way connected with each other. I consider that the joint trial is illegal. Sheohar appealed and I have allowed his appeal on grounds set forth in the order, of which a copy is attached. Moosan did not appeal, but he had a very strong case apart from the illegality of the joint trial. He has been sentenced to 6 months' rigorous imprisonment for being in possession of an old umbrella worth Re. 1, the identification of which is vague in the extreme. 4. I would move the Hon'ble Court to set aside the conviction of Moosan also. 5. The Magistrate should give any explanation which he may wish to offer within 7 days, and the accused will be informed that he will be released if he can furnish bail for Rs. 100 pending the orders of the Hon'ble High Court. 6. Rafique, J.:— This is a reference by the learned Sessions Judge of Benares, asking this Court to set aside the conviction and sentence passed upon Moosan under section 411 of the Penal Code, 1860. 7. It appears that Moosan and Sheohar were tried jointly by the Deputy Magistrate on charges under section 411 of the Penal Code, 1860. 8. As the learned Sessions Judge has shown in his order of reference, the joint trial was illegal and the evidence against Moosan of a very weak and meagre kind. I agree with the learned Sessions Judge that the charge against Moosan has not been brought home. The conviction and sentence of Moosan are set aside, and Moosan, if still in jail, will be set at liberty at once. If he has furnished a bail bond, the bond will be discharged.