Bapna, J. - (1.) THIS-is a reference by the learned District Magistrate of Jodhpur.
(2.) ONE Hariram filed a complaint in the Court of Tehsildar (Second Class Magistrate) Bilara on 27th May, 1952 on the allegations that the accused Satyanarain was his tenant under a lease executed by the accused. On his failing to pay rent, the complainant asked the accused to vacate the house and after some negotiation the complainant agreed to the execution of a fresh lease by the accused. It was alleged that the accused asked the complainant to deliver the previous document of lease so that he could execute a new one and on that representation the complainant delivered the old document of lease to the accused. The accused had no intention to execute a fresh lease and therefore did not execute any and retained the document with himself. The learned Second Class Magistrate after examining the complainant issued process against the accused to answer a charge under sec. 417 I. P. C. On revision by the accused, the learned District Magistrate is of opinion that the allegations make out an offence under sec. 420 I. P. C. which is not triable by a Second Class Magistrate. He has, therefore, recommended that the case should be transferred from the Court of Second Class Magistrate, Bilara to the Court of First Class Magistrate, Jodhpur. While agreeing with the view taken by the learned District Magistrate that the allegations disclose an offence under sec. 420 I P. C. , the only direction that is necessary to be made in this case is that the Magistrate should return the complaint for presentation to a proper court under sec. 201 Cr. P. C. The proceedings taken by the Magistrate directing issue of process against the accused are therefore quashed and the Magistrate is directed to return the complaint to the complainant for presentation to proper Court. The reference is answered accordingly. .;