This Reference made by the Additional Sessions Judge, Hyderabad, adverts to an interesting and important question as to the ambit of powers of a Magistrate who exercised jurisdiction under section 100 of the Code of Criminal Procedure. The Eighth City Magistrate, Hyderabad, Srimathi Daya Devi, issued a search warrant dated 28th August, 1961 for discovery of one Fatima Begum and the same was executed by the police, who were empowered to conduct the search, on the next day, viz., 29th August, 1961. The Eighth City Magistrate also made an order after Fatima Begum was produced before her that she be released as, according to the learned City Magistrate, “no further action was required by her in the case.” Later, i.e., on 20th September, 1961, Criminal R.P. No. 472 of 1961 was filed questioning the legality of that order made by the Magistrate for discovery of Fatima Begum. The Additional Sessions Judge, Hyderabad, considered that the search warrant was issued illegally. He, therefore, made this Reference under section 438, Criminal Procedure Code, as, in his opinion, the order of the Magistrate needs to be set aside.

The few short facts leading to the filing of the petition for dis