P.D. KUDAL, J.—This reference has been made by the Senior Magistrate, Children Court, Kota.

2. The breif facts which have given rise to the present reference are that a challan was submitted against the accused Ram Kishan and Haboo under section 127 of the Railways Act. The learned Magistrate by his order dated 14.4.1979 submitted the case before the learned Sessions Judge, Kota, who transferred the same to the learned Addl. Sessions Judge, by his order dated 17.8.1979. Before this, by order dated 24.5.1976. the learned Sessions Judge transferred this case to the Court of the learned Addl. Sessions Judge, Kota, but later on, vide order dated 15.7.1976, this case was transferred to the Chief Judicial Magistrate, Kota as the accused were children. The learned Addl. Sessions Judge vide his order dated 22.9.1979, held that under section 27 of the Criminal Procedure Code only those offences are to be tried by him which are either punishable with imprisonment for life or with death sentence, and all other cases are to be tried by the Chief Judicial Magistrate dealing with the children cases. The offience under section 127 of Railways Act is punishable with imprisonment for life. The learn

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