1. The decision in Krishna Reddi v. Subbamma 2 Weir 544 goes only to this extent, that, where the prosecution had pressed for the framing of a charge of a higher offence triable by the Sessions Court, even if the Subordinate Magistrate had originally taken cognisance only of a charge relating to a lesser offence, the refusal of the Magistrate to frame the charge for the higher offence might be treated as an order of discharge in respect of that offence and that Section 436 of the Criminal Procedure Code would, in those circumstances, give the District Magistrate jurisdiction to direct the Subordinate Magistrate to commit the accused to the Sessions on the graver charge.
2. In the present case the offence of attempt at rape was not mentioned in the Police charge sheet on which the Subordinate Magistrate took cognizance of the case and the prosecution did not press for the framing by that Magistrate of a charge against the accused in respect of that offence.
3. The Sessions Judge was, therefore, justified in holding that the decision in Krishna Reddi v. Subbamma 2 Weir 544 could not be extended so as to cover this case, and we accordingly accept the reference. Quashing the commitment we direct the Subordinate Magistrate of Mettopalayam to proceed with the trial of the charges for the minor offences framed by him against the accused.