Judgment Gupta, J.-This is a reference made by the District Magistrate, Cehuru, who has recommended that the proceedings taken by the First Class Magistrate Rajgarh, being without jurisdiction be questioned by this

Court. The facts relevant for the present purpose are stated as below

2. On 14-1-1949 a report of theft was made to the Railway Police Rajgarh, who after making necessary enquiry, challaned one Naurang under Section 320, Penal Code, in the Court of the Additional District Magistrate, who transferred the case to the file of Tehsildar at Rajgarh. On 9-2-1949, as a result of further investigations while the Tehsildar was trying it, the case against Naurang was withdrawn. On 16-2-1949, the Police put up another challan based on the same report, against one Hanuman & his brother Rupa. It may be mentioned here that Hanuman had been produced as a prosecution witness in the challan against Naurang. This latter challan was not put up either before the Additional District Magistrate before whom the former challan was put up or before the Tehsildar who had taken cognizance of that challan, bat, it was put up before the Magistrate, First Class Rajgarh. On 123-1949, an application wa

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