JUDGMENT

H.N. Seth, J. - This is a reference made by the Sessions Judge of Etawah, recommending, that the order dated 14-2-1968 passed by the SDM, Etawah, in a case under section 488 of the CrPC rejecting the complaint under section 249 of the Code and discharging the opposite. party, be set aside and. the SDM be directed to proceed with the case in accordance with law.

2. Smt. Bitani filed an application under section 448 of the Cr PC for the grant of maintenance allowance against Hori Lal. Some witnesses were examined on her behalf. On 14-2-1968 her witnesses were not present and the SDM passed the following order :

"Fifteen dates have been given to the complainant for producing prosecution evidence but only five witnesses have been examined. No evidence has come forth today. The complaint is dismissed u ,1S. 249 of the CrPC . The opposite-parties are discharged."

Smt. Bitani filed a revision and the learned Sessions Judge has made the reference with the recommendations mentioned above. The learned Sessions Judge has expressed an opinion, that to the proceedings under section 488 of the Cr. P. C. the provisions of S. 249 of the Code have no application and as such the SDM could not