This is a reference by the Additional District Magistrate> Kamrup, Gauhati, calling into question the procedure followed by the Sub-divisional Magistrate, Barpeta, in this case.

(2) The facts may be briefly stated. There was a charge sheet filed against the accused persons, 9 in number, in the Court of the Sub-divisional Magistrate, Barpeta. The Magistrate apparently called for a report from the Police and on receipt of the final report, ordered the discharge of the accused persons on 26-6-61. Subsequently on 22-8-6r, without any fresh charge sheet or complaint, the learned Sub-divisional Magistrate decided to proceed afresh against the accused persons, and ordered summonses to be issued to them, fixing a later date for evidence. It is this procedure that has been followed by the Sub-divisional Magistrate that is questioned in this reference.

(3) Under Section 25I-A (2) of the Code of Criminal Procedure, if, upon consideration of all the documents referred to in section 173 and mak­ing such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard the Magistrate considers the charge against t

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