JUDGMENT 1. This rule was issued on the District Magistrate of Monghyr to show cause why the order passed on the 7th of September 1905, by Babu S.C. Mitra, Deputy Magistrate, directing the Police to report in A form that the charge against the present Petitioner was true and to send up the present Petitioner in custody, should not be set aside. It appears that one Wares Ali had taken a sewing machine from Messrs. Singer & Company on the system of payment by instalments and that one Wahed Ali had stood security for him. Wares Ali disappeared without paying the instalment money and the company called on Wahed Ali to pay up the sum due for the machine. Wahed Ali thereupon wrote to the company and informed them that he would make over the machine to their servant if they would send one up to Sahebgunge. On arrival of the servant of the company Wahed Ali informed him that the machine had been taken away by the present Petitioner, Ram Adhin Chowdhry, who seems to be a substantial man with a yearly income of Rs. 1,00,000 and carrying on business as a contractor. Wahed Ali afterwards lodged a complaint to the Police charging the present Petitioner with theft of the machine. That case was reported by the Police under sec. 170 of the Code of Criminal Procedure to be a false case, and thereupon on the 30th July 1905, an order was passed by the same Deputy Magistrate, who had passed the order now complained against to the effect that Wahed Ali should be called upon to show cause why he should not be prosecuted under sec. 211, I.P.C. This case was on the 21st August 1905 made over to a Subordinate Magistrate, Mr. Pittar, for enquiry and on the 28th of the same month he reported that the case was false and that the complainant, Wahed Ali, ought to be prosecuted under sec. 211 of the Indian Penal Code. On this Moulvi Habibullah who seems to have then been the Deputy Magistrate in charge of the office of the District Magistrate passed an order that he wished to examine a certain woman named Mussummut Lochu before passing final orders. 211 of the Indian Penal Code. On this Moulvi Habibullah who seems to have then been the Deputy Magistrate in charge of the office of the District Magistrate passed an order that he wished to examine a certain woman named Mussummut Lochu before passing final orders. For some reasons, not explained, on the date fixed for the examination of this woman the case came on for hearing before the Deputy Magistrate, Babu S.C. Mitra, and he has recorded the order now complained against, namely, "1 have been through the evidence and find there is a primd facie case against the accused. Call for A form and Lochu being a creature of his need not be examined at this stage." 2. An objection to this order was filed on the 19th of September last. The Deputy Magistrate rejected the application for the following amongst other rersons. He says, The evidence recorded at the enquiry shows to my mind the necessity of the real facts being thrown out at a regular trial, both for the sake of Babu Ram Adhin Chowdhry's reputation as well as in justice to the complainant who was, on the report of the Police, called upon to show cause why he should not be prosecuted under sec. 211, I.P.C. The order of the 7th September was however passed by the Magistrate without his having proceeded either as required by sec. 200 or sec. 202 of the Criminal Procedure Code, and moreover at that time there seems to have been before him no materials which would have warranted him in either directing the issue of process against the present Petitioner or in directing the Police to send up an A form. We think therefore that his order directing the Police was made without jurisdiction and must be set aside. The reasons which he has given for not withdrawing that order are in our opinion manifestly inadequate, and as he seems to have passed the order directing proceedings to be taken against the present Petitioner without proceeding according to law and without any sufficient reasons that we can find on the record we direct that the rule be made absolute and the order be set aside.