P.K. Balasubramanyan, J. This is a reference made on the basis of a report submitted by the Principal Assistant Sessions Court, Thrissur submitting that the case, S.C. No. 24 of 1995 made over to him for trial by the Sessions Court, Thrissur could not be tried by him effectively in view of the fact that before committing the case to the Sessions Court, the Judicial First Class Magistrate had not conducted an enquiry in terms of S.202 of the Code of Criminal Procedure. The learned Principal Assistant Sessions Judge has reported that since he has got no power to send back the records to the Magistrate concerned for conducting an enquiry in terms of S.202(2) of the Code of Criminal Procedure, the matter is being referred to this Court.

2. We have heard the learned Public Prosecutor. Though served with notice, the accused have not appeared.

3. The Assistant Sessions Judge appears to be of the view that the Judicial First Class Magistrate should have conducted an enquiry under S.202 of the Criminal Procedure Code before committing the case to the Court of Session. The proceedings before the Magistrate arose out of the filing of a report by the Excise Inspector, Cherpu Range, a