1. This is a reference made to this Court by the learned Sessions Judge, Tellicherry. The circumstances under which the reference happened to be made are as follows :

2. One Moideen Beary filed a complaint before the Judicial Sub-Magistrate, Kasaragod against the respondents before us for alleged commission of offences punishable under S.324 and 447, Indian Penal Code. The learned Sub-Magistrate examined the complainant (S.200, Cr. P. C.) and registered a case under the said sections against seven of the accused persons and declined to proceed against the remaining three. Later, before the enquiry started it was found that the occurrence that gave rise to the complaint had taken place beyond the jurisdiction of the Kasaragod Sub-Magistrate. The place of occurrence lay within the jurisdiction of the Sub-Magistrate, Hosdrug. Being appraised of these facts the Sub-Divisional Magistrate, Tellicherry withdrew the case from the file of the Sub-Magistrate, Kasaragod and transferred it to the file of Sub-Magistrate, Hosdrug for disposal according to law. The Sub-Divisional Magistrate purported to act under S.528 (2), Criminal P. C. The complainant then moved the District Magist