1. The case was referred to this Court by the District Magistrate, Quilon for appropriate orders. The letter referring the case gives the necessary facts required for the disposal of the reference and it is reproduced below:

"I am forwarding herewith the original records in C.C. No. 601 of 1953 on the file of the Stationary First Class Magistrate, Kottarakkara and to inform you as follows:

"The Taluk Second Class Magistrate, Kottarakkara entertained the case as C.C. No. 118 of 1953 and after closing the prosecution evidence, framed charges under S. 457 and 380 IPC and finding that the accused has to receive a punishment more severe than that which he is empowered to inflict, forwarded the accused and the original records to the Sub Divisional Magistrate, Quilon under S. 349 of the Criminal Procedure Code. The Sub Divisional Magistrate, Quilon filed the case as C.C. No. 69 of 1953 and subsequently forwarded the original records and the accused to the Stationary First Class Magistrate, Kottarakkara since a Stationary First Class Magistrate Court was established at Kottarakkara with effect from 1.4.1953 by abolishing the Taluk Second Class Magistrate's Court functioning in