Order There is no doubt that under section 380, Criminal Procedure Code, the Joint Magistrate has no power to acquit. Vide Public Prosecutor v. Gurappa Naidu1, Piramangaya Pandara and others v. Emperor2, In re Mogila Doraiswami Naidu and another3. Even so under rule 263 of the Criminal Rules of Practice, the District Magistrate if he is of opinion that the order of acquittal is wrong must request the Government to prefer an appeal under section 417, Criminal Procedure Code, and not report the case to this Court for orders under section 438, Criminal Procedure Code. Further under section 439, clause (5), Criminal Procedure Code, where an appeal lies and no appeal is brought proceedings by way of revision shall not be entertained at the instance of the party who could have appealed. In this case the District Magistrate could certainly have requested the Government to file an appeal but he did not do so. So under section 439, clause (5), Criminal Procedure Code, this reference is not competent. On going through the records, I am satisfied that the evidence is not such as to warrant a conviction of the accused. In this case I do not wish to interfere with the acquittal. The reference is therefore not accepted. V.P.S. ----- Reference not accepted.