1. The question which arises for consideration is whether a case pending on the file of the Magistrate in which there is no allegation regarding commission of any offence exclusively triable by the Court of Session can be sent to the Court of Session for being tried there for the reason that a counter case in respect of the same occurrence in which the allegation is regarding the commission of offence exclusively triable by Court of Session is pending in the Court of Session for trial. S.193 of the Criminal Procedure Code provides that except as otherwise expressly provided by the Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under the Code. The above provision provides that Court of Session can take cognizance of an offence as a Court of original jurisdiction only if the case is committed to it by the Magistrate. S.209 of the Code provides that when it appears to the Magistrate that the offence is triable exclusively by the Court of Session he shall commit the case to the Court of Session. Since the above provisio