ABDUL HAKIM KHAN, J.

( 1 ) THIS is a reference by the Sessions Judge, Guna, recommending that the order of the Additional District Magistrate, Guna, in Case No. 17 of 1954 Criminal miscellaneous, passed on 28-4-1956, be quashed.

( 2 ) THE facts of the case are that the Additional District Magistrate, Guna, had given in Superdagi to one Piyarji some buffaloes. When asked to produce them for the purpose of auction, the Superdgidar avoided service, but later on when served submitted that the buffaloes had died. The Magistrate disbelieved the story of the superdgidar and asked the Police to charge-sheet the Superdgidar under Section 406, Indian Penal Code. Against this order, a revision was filed before the Sessions judge, who has referred this case to High Court.

( 3 ) IT appears from the record that the Magistrate did not at all make an enquiry as to whether the buffaloes were really dead or not. And it is obvious that without an enquiry be was not justified in holding that they were dead and in consequence his order cannot be upheld.

( 4 ) THE learned Sessions Judge of Guna has further observed that irrespective of the above defect, the Magistrate cannot order the Police to file a c

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