JUDGMENT

L.S. Jackson, J. - It appears to me that the opinion expressed by the Magistrate in making this reference is correct, and that the Assistant Magistrate against whose Court an offence punishable u/s 174 of the Indian Penal Code was committed, was not competent to take cognizance of that offence, but was bound, u/s 171 of the Code of Criminal Procedure, if he was of opinion that there was sufficient ground for investigating such charge, to send the case for investigation to a Magistrate having power to try or commit for trial; and it seems to me that the section just mentioned clearly contemplates the sending of such case before a Magistrate, not being the Magistrate against whose Court the offence was committed. It is, undoubtedly, true that, in Bajoo Baul v. Gugun Misser 8 W.R., Cr.R., 61, I held a different opinion; but, on reconsidering the matter, I think that that opinion was incorrect; and having consulted Mr. Justice Hobhouse, who was the Judge sitting with me on that occasion, I have his authority for saying that he concurs with me in overruling that case. It appears to me, now, that the provisions of section 171 recognize the general principle that no one should be