( 1 ) THIS is a reference under Section 438 of the Criminal Procedure Code made by the learned district Magistrate of Gulbarga in the following circumstances:

( 2 ) ON 12-8-1956 one Abdul Wahed on behalf of one Rasul Bi made a written complaint to the yadgir police charging the respondents before me with having illegally broken into her house on 5-8-1956 by breaking the locks and with having removed certain properties kept therein. It was also complained that the accused continued in illegal occupation of the house. This information was registered by the police under Sections 457 and 380 of the Indian Penal Code. After investigation, however, they filed a charge sheet before the Munsiff-Magistrate of Yadgir only in respect on an offence under Section 457 I. P. C. This was on 21-9-1956. Thereafter the case underwent a series of adjournments as one or other of the parties was absent and one of the accused frequently reported illness. On 19-3-1957 the accused filed a written statement setting out various reasons why the prosecution was misconceived and praying that the case may be dismissed and the accused discharged. This statement discloses that in respect of the house there was pen

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