1. A complaint under section 41 and 63 of the Indian Forest Act was filed against the applicants in the Court of the Chief Judicial Magistrate. Jhabua which was registered as Criminal Case No. 353 of 1976. In this case charges under sections 41 and 63 of the Indian Forest Act were framed and the case was fixed for evidence on the 12th January 1977. On that date an application was made on behalf of the prosecution for charges being framed under sections 468 and 484 of the Indian Penal Code also in addition to the charges referred to above. This application was rejected by the learned trial Magistrate. Against the order rejecting this application, a revision application was filed before the Sessions judge and the learned Addl Sessions Judge, Jhabua who heard this application, set aside the order and directed the learned trial Magistrate to from the charges under the Indian Penal Code as prayed by the prosecution. It is this order which is challenged in this revision application.

Held: It is evident from the impugned order as also from the facts mentioned above that the prosecution desired the learned trial Magistrate also to frame charges under sections 468 and 484 of the