R. L. NARASIMHAM, C. J.

( 1 ) THIS is a reference by the Sessions Judge of Koraput-Jeypore-recommending the setting aside of an order of acquittal passed by (1) Sri B. C. Mohanty, stationary Sub-Magistrate of Gunupur in G. R. Case No. 77 of 1956 and (2) Sri P. Jena, Stationary Sub-Magistrate of Nowrangpur in G. R. Case No. 313 of 1956.

( 2 ) G. R. Case No. 77 of 1956 in the Court of the Stationary Sub-Magistrate of gunupur against opposite party Kengua Lachman Murty was initiated on the basis of a charge sheet submitted by the Officer-in-charge of Gunupur P. S. under sections 279 and 338 of the Indian Penal Code. The allegation was that on the 145- 1956 the opposite party drove his cycle in a rash and negligent manner and ran over one Trinath Bouri (P. W. 2) and thereby fractured his leg. The trying Magistrate of Gunupur, on 6-8-1956 allowed the offence under Section 338, Indian Penal Code to be compounded and acquitted the accused of that offence, under Section 345 (1) of the Criminal Procedure Code. He dropped the charge under Section 279, Indian Penal Code observing that where grievous hurt is caused by the rash and negligent act of a person he will be guilty only under sectio