ORDER : This is a reference made by the learned Additional Sessions Judge at Margao.

2. The facts necessary to be mentioned for the disposal of this matter are these :- The respondent herein filed complaint against the revision petitioner and four others for offences under Ss. 342, 352 and 504 etc., I. P. C.; in the First Class Magistrate's court at Margao. The learned Magistrate after recording the statement of the complainant under Section 200, Criminal P. C. summoned the accused to answer the charges. Aggrieved by the order of the learned Magistrate summoning the accused to answer the charges, the revision petitioner filed revision petition in the Sessions Court at Panaji contending that he was Deputy Superintendent of Police, that the Magistrate overlooked the provisions of Section 197, Criminal P. C. and issued summons and that the order passed by the Magistrate was fit to be set aside. The learned Sessions Judge reported to this Court that the Magistrate acted against law and that it was essential to give necessary directions to the Magistrate. On receiving the reference from the Sessions Court my learned predecessor and the Additional Judicial Commissioner heard the parties a

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