Harbans Singh Rai, J.

1. The Additional Sessions Judge, Narnaul, vide his order dated March 16, 1988, came to the conclusion that no offence under Section 366, Indian Penal Code, is made out and as the other offences are triable by Magistrate 1st Class, he sent the case to the Chief Judicial Magistrate Narnaul to frame the charges prima facie made out against the accused. The petitioner has challenged this order on the ground that the order of the Additional Sessions Judge is against law as it violates the provisions of section 228(1), Criminal Procedure Code. Section 228 reads as under :

228. Framing of charge :-

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which (a) is not exclusively triable by the Court of Sessions he may frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate shall try the offence in accordance with the procedure for the trial of warrant cases instituted on a police report;

(b) is exclusively triable by the Court, he shall frame in writing a