Horwill, J.

1. The Sub-Magistrate of Piler, being of opinion that the accused ought to be dealt with in a manner beyond his own powers, acted under Section 349, Criminal Procedure Code and referred the case to the Joint Magistrate of Madanapalle. The Joint Magistrate duly convicted and sentenced all of the accused and also passed an order under Section 106 of the Criminal Procedure Code.

2. It is not quite clear from the record that the accused were present when the Joint Magistrate disposed of the reference, but we may assume that the Joint Magistrate did what was obviously required of him. We find that a letter was sent to the Sub-Magistrate of Piler ordering him to bind over the accused before him on the 17 th December, 1941, but there are no bonds in the record to suggest that they were bound over. However that may be, the Joint Magistrate certainly did not dispose of the case in a satisfactory manner. The case, after the reference to him, was a continuation of the original trial; and the accused had the same rights as they had before the reference. The Joint Magistrate was under the same obligation to hear arguments from the pleaders present and to write a judgment giving h