ORDER

Bennet, J. - This is a reference in revision made by the learned Additional Sessions Judge of Benares, recommending that the conviction and sentence in a summary trial of Sunder Teli before a Magistrate should be quashed and that another Magistrate should be ordered to re-try the case after framing proper charges. Probably the Additional Sessions Judge did not mean that the charges should be framed before the case was tried but that charges should be framed at the normal period after hearing the prosecution evidence. The facts in this case are that Mahomad Khan made a report in the thana to the effect that the following property had been stolen from his shop:

     Six bags of salt valued at  -  43  0  0     One bag of chokar    -          2 12  6     Money amounting to   -          5  8  0

2. The total property alleged to have been taken is therefore worth Rs. 51-4-6. If this case had been tried on a complaint made by Mahomad Khan in Court, it is clear that it could not have been tried summarily, and three rulings produced by the learned Counsel for Sunder Teli are to this effect. These rulings are Fanindra Nath Chatterji v. Emperor [1909] 36 Cal 67, Chandra Mohan Das v. Emperor