ORDER D.D. Seth, J. - The facts of this reference are that one Bashir was alleged to have caused some injuries to Nasir at about 10.30 P.M. on 16-9-1967. It was alleged that an alarm was raised and thereupon, some people came to the scene of occurrence and tried to arrest Bashir and at that moment the Applicant, Mumtaz Khan, intervened and as a result of his intervention Bashir was rescued. The Applicant was, therefore, charged u/s 225 of the IPC, which deals with resistance or obstruction to lawful apprehension of another person. Bashir and another person, Nannu were charged u/s 225 (324) of the IPC. 2. Against the framing of the charge u/s 225 of the IPC by the learned Additional District Magistrate (J), by his order dated 3-7-1969, the Applicant preferred a revision, which was allowed by the learned II Temporary Additional Sessions Judge, Aligarh, who has made the present reference recommending that the order passed by the learned Magistrate be set aside. 3. Notice of this reference has been served on the Applicant who is not represented but the State is represented j by Sri Roop Kishore Srivastava, whom I have heard. 4. The Applicant in the instant case could not be said to have committed any offence u/s 225, IPC even if all the allegations against the Applicant are taken to be correct. An offence u/s 324 IPC, for which Bashir and Nannu were charged, was bailable and as such the arrest of Bashir did not amount to lawful arrest by a private individual or the persons who collected on the alarm on the scene of occurrence at 10.30 P.M. on 16-7-1967. If the arrest by private individuals was unauthorised the Applicant could not be charged for an offence u/s 225 of the IPC. Section 59 of the Code of Criminal Procedure is relevant in this connection. It deals with arrest by private persons and procedure on such arrest and Sub-section (1) reads as follows: Any private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender and without unnecessary delay, shall make over any person so arrested to a police-officer, or, in the absence of a police-officer, take such person or cause him to be taken in custody to the nearest police-station. 5. 5. Sub-section (1) of Section 59, Code of Criminal Procedure, envisages two mandatory conditions which have to be fulfilled before a private individual can arrest a person and those conditions are that the person who was to be arrested should have committed a non bailable and cognizable offence. If he has not committed a non-bailable and cognizable offence he cannot be arrested by a private individual. In the instant case Bashir and Nannu were charged u/s 324 IPC and therefore, no charge u/s 225 IPC could be framed against the Applicant and the referring court has rightly made this reference to this Court. 6. After hearing Sri Roop Kishore Srivastava and after going through the orders passed by the courts below I accept this reference and set aside the charge against the Applicant u/s 225 IPC.