JUDGMENT - (1) This is a reference by the Additional Sessions Judge, Nagpur, recommending tat proceedings under S. 476, Cr. P. C. pending before Magistrate, Third Class, Nagpur, upon an application made by one Jivtya requesting that Court to file a complaint against two persons Premdas and Ramchandra under Ss. 193 and 211, I. P. C. be quashed. The learned Magistrate overruled the objection taken before him that no proceedings under S. 476, Cr. P. C. could be taken because the Magistrae who tried the case had not taken proceedings under S. 479A, Cr. P. C. (which will hereinatter be referred to as the Code). The learned Additional Sessions Judge, recommends that proceedings under S. 476 should be quashed as he is of the opinion that as the Magistrate had not taken any action under S. 479A of the Code, it was not open to take proceedings under S. 476 of the Code. The learned Judge has relied on Jai Bir Singh v. Malkhan Singh, AIR 1958 All 364; Narajappa v. Chikkaramiah, AIR 1959 ys 117; Mannaal v. Ramkishan, AIR 1959 Madh ra 164 and Parshottam Lal v. Madan Lal, AIR 1959 Punj 145, in support of his view that no recourse can be had to the provisions of s. 476 of the Code when no action

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