1. This is a reference by the learned District Magistrate of Quilon. He has recommended to this court to set aside an order of discharge passed by the Division First Class Magistrate, Alleppey under section 119, Criminal Procedure Code and to direct a fresh enquiry.

2. Proceedings were initiated against the counter-petitioner under section 110 (e), Criminal Procedure Code on the ground that he habitually commits or attempts to commit offences involving a breach of the peace. When the enquiry had proceeded some way, that is to say, when the prosecution had examined three out of the nineteen witnesses mentioned in the police charge-sheet, the learned Division First Class Magistrate passed the impugned order. On revision before him by the prosecution the learned District Magistrate made this reference recommending the quashing of the order and a direction for fresh enquiry.

3. The Division First Class Magistrate's order runs thus:

"This is a proceeding under Section 110 [e] Crl. P. C. started against the counter-petitioner by the preliminary order of this court dated 15-6-1951. The prosecution examined 3 witnesses and filed Exs. A and B.

The point to be proved is that the coun