C. B. BHARGAVA, J.

( 1 ) THIS is a reference by the learned Additional District Magistrate, Jodhpur recommending that the order of City Magistrate, Jodhpur dated 23rd October, 1961, passed in Criminal Case No. 317 of 1961, under Section 415 of the Indian penal Code be set aside.

( 2 ) AGAINST Raghunath and one other person the Police submitted a report under sections 420 and 419 of the Indian Penal Code in the Court of the City Magistrate, jodhpur. The learned Magistrate after complying with the provisions of Subsections (i) and (2) of Section 251-A of the Code of Criminal Procedure framed charges against the accused under Section 420 of the Indian Penal Code on 6th june, 1961. The accused did not plead guilty. The learned Magistrate fixed a date for the examination of the prosecution witnesses. On 23rd October, 1961, when munirkhan P. W. 3 was being examined, prosecution wanted the witness to prove certain entries from a log book pertaining to Jeep No. 723 of the Excise and taxation Department. This was objected on behalf of the accused on the ground that this document was neither relied on by the prosecution nor was its copy furnished to them. This objection prevailed w