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Judgment
In this case a Rule was issued on the District Magistrate of Noakhali to show cause why the conviction of the three Petitioners under sec. 447of the Indian Penal Code and the sentence of a fine of Rs. 50 imposed on each of them thereunder should not be set aside. The Rule must be made absolute but not on any of the grounds attached to the petition. It appears on an examination of the record of the Court below that the Petitioners were tried in summary form. When the Magistrate came to examine the accused Petitioners under the provisions of sec. 342 of the Code of Criminal Procedure he recorded their joint statement that they pleaded not guilty. We have had occasion to point out that this is no compliance with the provisions of the section which requires that each of the accused persons shall be separately questioned thereunder. The Rule is accordingly made absolute, the conviction and sentence set aside, and the case remanded for re-trial according to law.