Pandrang Row, J.

1. This is a reference by the District Magistrate, Trichinopoly, recommending that the proceedings of the Sub-Magistrate, Turaiyur, in C.C. No. 245 of 1938 on his file may be quashed.

2. There is no doubt that the proceedings Were wholly misconceived and ought to be quashed.

3. In brief, the proceedings started with a complaint by the police against a certain person for offences under Sections 447 and 188, Indian Penal Code, in respect of a certain act which was said to have constituted disobedience of the orders of the Sub-Magistrate, issued under Section 144 of the Criminal Procedure Code. In other words, the very Sub-Magistrate whose orders are said to have been disobeyed by the accused tried the alleged offender, and there was no previous complaint by that Magistrate or by his superior; the accused was tried and convicted by the same Magistrate. Fortunately on certain grounds the Sub-Magistrate thought fit to make a reference to the Sub-Divisional Magistrate for taking action against the accused under Section 562, Criminal Procedure Code, and the illegality of the proceedings was discovered by the Sub-Divisional Magistrate to whom the reference was made. The