JUDGMENT

Yorke, J. - This is a reference by the Assistant Sessions Judge of Etawah recommending that this Court do set aside u/s 215 an order made by a Magistrate committing a case to the Court of Session for trial. Put shortly, what happened was that there were cross cases, and in one case a charge was framed u/s 307, Penal Code and, therefore, the case had to be committed for trial to the Sessions Court. In the cross case the offences in respect of which the learned Magistrate thought it desirable to frame charges appeared to him to fall under Sections 147 and 323/149, Penal Code and Section 22, Cattle Trespass Act. All of these were offences triable by a Magistrate of the first class, but nonetheless the learned Magistrate committed the accused for trial to the Sessions Court on the ground that as he had committed the cross case to the Sessions Court, the interests of justice demanded that this case should also be committed to the said Court. The learned Assistant Sessions Judge relying upon the decision in King-Emperor v. Dharam Singh ('06) 3 A.L.J. 14 expressed the opinion that the question of adequate punishment (vide Section 254, Criminal P.C.) arises only in cases where the