Baker—This is a reference by the Sessions Judge, East Berar, asking for the quashing of the charges against the accused Ismail and others, except the first charge under S.467/ 109, I.P.C., against Ismail and the charge under S. 467 against Yeshwant. The District Magistrate hag been heard as also the accused, who contend that the charges should be quashed altogether.

2. The facts as stated by the Sessions Judge in his order of reference are that in a suit for redemption of a possessory mortgage against one Ismail Panju he produced some fake kabuliyats with the object of showing that the rent of the land was lower than was actually paid and thus reducing the profits. The alleged forged kabuliyats were written by one Yeshwant and the thumb impressions of Mohan, the tenant of the land, were taken. The kabuliyats were subsequently attested by Baba, Shaikh Jalal and Shaikh Sajjan.

3. The Munsif of Pusad who tried the case being of opinion that the kabuliyats were forged took proceedings under S. 476, Code of Criminal Procedure, and made a complaint against all of them for an offence under S. 463, I.P.C., and against Ismail for an offence under S. 471, I.P.C., also. The Magistrate w