R. L. NARASIMHAM, J.

( 1 ) THIS is a reference by the Additional District Magistrate of Keonjhar, recommending the setting aside of a portion of an order of Sri R. C. Mohanty, a Third Glass Magistrate, Champua. in a criminal trial. The material facts are as follows. The police submitted charge-sheet under Section 379/34, I. P. C. against six persons. Cognizance was taken in due course and the case was transferred to the file of Sri R. C. Mohanty for disposal. That Magistrate, prior to the commencement of the trial, satisfied himself that the documents referred to in Section 173 (4) Cr. P. C. were duly handed over to the accused persons. Thereafter, on 19-8-58 he perused those papers and framed charges under Section 379/34 I. P. C. Six prosecution witnesses were examined, cross-examined and discharged. The prosecution then wanted to examine an Amin and also to prove his report. The learned Magistrate thought that the Amin's report was inadmissible inasmuch as a copy of the same had not been granted to the accused prior to the commencement of the trial, along with other papers referred to in Section 173 (4) Cr. P. C. He followed the decision of a single Judge of the Andhra High Cour