Kuppuswami Aiyar, J.

1. This is a reference by the Additional District Magistrate of Ramnad with regard to G.C No. 64 of 1945 on the file of the Additional Sub-Magistrate of Aruppukottah. Notice has been given to the complainant and he has not appeared in this Court. He filed a complaint for dacoity, theft etc., aginst the accused. That was investigated by the police and was finally thrown out under Section 203 of the Criminal Procedure Code. This was on the 23rd December, 1944. On the 18th January, 1945, the complainant presented another complaint against the same accused on the same facts. The accused objected to the preferring of the complaint. The Magistrate held that the dismissal of the prior complaint under Section 203 was not a bar to the entertainment of the second complaint. The Additional District Magistrate is of the opinion that the order of the Sub-Magistrate was unsustainable as he had no jurisdiction to entertain the second complaint as the prior complaint had been dismissed and refers the case under Section 438 of the Criminal Procedure Code-to quash the order of the Sub-Magistrate taking the complaint on file. The fact that a previous complaint was thrown out