1. On a complaint made to the Magistrate he convicted one of the petitioners, Har Kishore Dass, of mischief and sentenced him to fine. On application made to the Sessions Judge he directed a further inquiry to be made by the Magistrate into another offence, viz., under Section 144 of the Penal Code in respect of Har Kishore Dass, no charge of any such offence having been made at any time against him. The Sessions Judge has also directed a further inquiry against other persons who apparently were mentioned in the complaint, but who had not been summoned to appear before the Magistrate.
2. In our opinion the order of the Sessions Judge is without jurisdiction not being within the power described by Section 437. The complaint had not been dismissed under Section 203 or Sub-section (3), of Section 204 of the Code of Criminal Procedure, inasmuch as on that complaint Har Kishore Dass had been convicted, nor was this a case in which any accused person had been discharged, because Har Kishore Dass had never been tried for any offence except that of mischief, and in regard to the other petitioners, they had never been before the Court at all. It may be that proceedings can be taken against all these persons. That, however, is a matter for the discretion of the Magistrate, but it is not one, on which the Sessions Judge can under Section 437 of the Code of Criminal Procedure direct the Magistrate to proceed. The order for further inquiry is accordingly set aside and the rule is made absolute.