( 1 ) THIS reference is made by the Sessions Judge at Mysore, under S. 438, crl. P. C. , with a recommendation that the orders passed by Sub DM. Magistrate, Mysore on 4-6-1969 in C. Misc. Nos. 65 of 1969 and 64 of 1969 respectively on the file of his Court, are liable to be set aside. The impugned orders were passed by the Sub Divl. Magistrate directing dropping of the proceedings against the accused-respondents and releasing them when they were produced before him by the Police for remand. The learned sessions Judge has made references to this Court, in both the above referred cases, by a common order. As the point of law involved in both the cases is identically the same, it would b convenient to depose them of by a common order by this Court.

( 2 ) BRIEFLY stated, the relevant facts are as follows. The police, Lashkar police Station, Mysore City, registered two cases against the respondents in crime Nos. 217 of 1969 and 218 of 1969 respectively, under S. 55 (1) (a) and (b), Crl. P. C. and submitted FIR. to the Court of the Sub-Divl. Magistrate, Mysore. Both the respondents were produced by the police before the Sub Divl. Magistrate on 4-6-1969 with two separate remand applicatio

Click Here to Read the rest of this document