Order.- This is an extraordinary case. The two petitioners, grandfather and grandson, were tried for offences under sections 323 and 504, Indian Penal Code, by a Bench of Honorary Magistrates at Bapatla. They were convicted and sentenced on 19th April, 1950, by two out of the Bench of three, to pay a fine of Rs. 25 each, or, in default, to undergo rigorous imprisonment for two weeks each, without writing a judgment. The judgment was subsequently written, on 24th April, 1950, by the President and member who pronounced the sentence on 19th April, 1950, and sent to the third member, Yelliah, on 24th April, 1950, for his opinion. He dissented from the judgment of the other two. As urged by the learned counsel for the petitioner and agreed to by the learned Public Prosecutor, the President and the other member acted illegally (and not merely irregularly) in convicting and sentencing the petitioners without even consulting the third member Yelliah and without writing a judgment. A sentence follows a conviction, which is embodied in a judgment. Here the judgment followed five days after the sentence, and the sentence was by the two members of the Bench without even consulting the third. It was not only like putting the cart before the horse but a fragment of a cart before the horse. It is such illegalities, by a Court like this, which shake the confidence of the public in all Bench Courts. These should stop at once. The phrase “Judgment will follow” in High Court orders communicating the modified sentence in appeal, etc., does not mean that judgments will be written leisurely thereafter but that judgments already written or dictated and delivered will be fair copied and sent in due course. The convictions and sentences of both the petitioners are set aside as illegal (as they are not merely irregular and curable under section 537, Criminal Procedure Code) and the petitioners are acquitted, and the fines, if paid, directed to be refunded to them. The learned Public Prosecutor agrees with me that there is no need for a retrial in this petty case. V.S. ----- Petition allowed.