Bapna, J.—This is a reference by the learned Sessions Judge, Jaipur City.

2. Kotwali Police, Jaipur produced a challan on 17th April, 1956 against one Radhey Shyam for an oftence under sec. 307 I.P.C. triable by the court of session. The complaint Panchu subsequently, filed a complaint on 22nd May, 1956 against six persons including Radhey Shyam for having committed the offence under sec. 307 I.P.C. in respect of the same incident. The Assistant Collector and Magistrate First Glass, Jaipur City passed an order c Consolidating the two proceedings and began to proceed against all the accused in one proceedings An application was submitted on behalf of one of the accused, Gopal, that the procedure prescribed under sec. 208 Cr.P.C. and subsequent sections be followed in the case. The Magistrate, however, preferred to proceed according to the procedure laid down in sec. 207-A of the Criminal Procedure Code. Gopal filed a revision and the learned Session Judge was of the view that as the complaint had been consolidated with the challan, the procedure under sec. 208 Cr.P.C. and subsequent sections should have been followed in the case. In our opinion the initial mistake lay in consolidatin

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