ORDER Miller, J. 1. It has been held by all the High Courts that Section 438 of the Criminal Procedure Code does not warrant a District Magistrate in reporting to the High Court the proceeding of the Court of Sessions. Vide Emperor v. Jatnna Bai (1905) I.L.R. 28 A. 91 and Queen Empress v. Jahamdi (1895) I.L.R. 23 C. 251. There is an unreported case in the Bombay High Court to the same effect and in this Court. (High Court proceedings dated 21st September 85, No. 443.) 2. There is no material difference between the words of Section 438 in the present Code and those of the same section in the former Code of 1882. 3. The District Magistrate, if he considers the Sessions Judges order illegal should move the Public Prosecutor to bring it before this Court.