This is a reference by the District Magistrate under the following circumstances:

A complaint was filed against the respondent and five others under sections 5 and 6 of the Child Marriage Restraint Act (XIX of 1929) in the Court of the Sub-Divisional Magistrate of Kurnool. After recording the sworn statement of the complainant and without holding an enquiry or investigation into the matter, the Sub-Divisional Magistrate ordered notice of the petition to the accused under section 8 of the Act. Before he could proceed further into the matter the case was transferred to the Additional First Class Magistrate’s Court, Nandyal. At that stage, the accused filed a petition before the Additional First Class Magistrate under section 10 of the Act to dismiss the complaint as the mandatory provisions of that section were not observed by the Court that issued the process. The Additional First Class Magistrate, Nandyal, gave notice of that petition to the complainant and his pleader and as they did not appear before him, he dismissed the complaint under section 203, Criminal Procedure Code. The District Magistrate made this reference recommending the setting aside of that order on the grou