JUDGMENT : TUDBALL, J. 1. One Saheb Din was convicted by a Magistrate on charges under section 480, Penal Code, 1860. He appealed to the Sessions Court at Mirzapur. The appeal was heard on the 31st of March, and on the 3rd of April the Sessions Judge passed orders, setting aside the conviction and sentence and directing the appellant to be committed on a charge under section 477A, Penal Code, 1860. On the 1st of April, 1911, the Benares State came into existence and on the 10th of April the Sessions Judge being of opinion that his order of the 3rd of April was without jurisdiction and null and void, passed an order to the effect that the appellant must be replaced in jail under the sentence imposed on him by the Magistrate and made a reference to this Court with a recommendation that the order of the 3rd of April should be declared to be null and void and that the petitioner's appeal should be returned to the appellant to be presented to some court in the Benares State. In view of the decision of this Court in Criminal Revision No. 148 of 1911, it is quite clear that the order of the Sessions Judge of the 3rd of April is a perfectly valid order and that it was passed with jurisdiction, and must be carried out. 2. The record will therefore be returned to the Sessions Judge. The accused will remain in the lock-up unless he furnishes bail as directed by the Sessions Judge.