Dave, J.—This reference comes on the report of the learned Sessions Judge, Jodhpur, dated the 16th of the August 1955.

2. The facts giving rise to it are that four persons namely Lumbaram, Kheraj, Pitha and Ghewaria were arrested by the Police on 2nd of May 1955 because they were suspected of committing the murder or one Nawlaram Jat on the previous day. After investigation, the Police challaned three of them. Against the fourth namely Lumbaram it was reported that the evidence against him was not sufficient for his prosecution and, therefore, he should be discharged. This negative, report against Lumbaram was rejected by First Class Magistrate, Jodhpur on the ground that on evidence was recorded till then in the court. He ordered that the accused would stand his trial along with others. Against this order, Lumbaram filed an application in revision in the court of Sessions Judge, Jodhpur. The learned sessions Judge has expressed a doubt if the procedure adopted by the Magistrate is correct. He has requested this court to lay down the procedure to be followed in such cases.

3. Learned counsel for the petitioner has urged that the Magistrate should have either accepted the police repor

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