( 1 ) THIS is a reference by a Metropolitan Magistrate under sub-section (2) of section 395 of the Code of Criminal Procedure (hereinafter called the Code), The point of law referred for the decision, of this Court is whether in a challan submitted under Section 307/34 Indian Penal Code a Magistrate under Section 209 of the Code in deciding whether the offence alleged is exclusively triable by a court of Session is bound to hear the accused.

( 2 ) SECTION 209 of the Code which finds place in Chapter XVI of the Code and under the heading "commencement of proceedings before the Magistrate" is in the following terms :- "when in a case instituted on a police report or otherwise the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall : (a) commit the case to the Court of Session; (b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) send to that Court the record of the case and the documents and articles if any, which are to be produced in evidence; (d) notify the Public Prosec