Order:- This is a reference by the Sessions Judge of Tellicherry under section 438(1), Criminal Procedure Code, asking this Court to set aside the order of acquittal passed in C.C.No.92 of 1952 on the file of the Sub-Divisional Magistrate, Kozhikode. The accused in the case was the third defendant in O.S.No.802 of 1943 on the file of the District Munsif of Nadapuram. On 3rd March, 1951, the suit was decreed against him. Immediately after the judgment was pronounced the accused behaved in a very disorderly manner and used abusive and filthy language against the District Munsif for having decreed the suit. The District Munsif was unable to proceed with the work on account of the disturbance created by the accused and with a view to take action under section 480, Criminal Procedure Code, he directed the Bench Clerk to ask the two peons on duty to apprehend the accused and have him brought before the Court. But he could not be apprehended as he disappeared from the Court very soon after the disturbance. The District Munsif thereon drafted proceedings by recording the facts constituting the offence under section 228, Indian Penal Code and forwarded it to the nearest Magistrate at Badagara who was a Second Class Magistrate for taking action against the accused. The case was transferred to the Additional First Class Magistrate, Tellicherry and subsequendy to the Sub-Divisional Magistrate, Kozhikode. The Sub-Divisional Magistrate recorded all the evidence and acquitted the accused. The grounds on which the Sub-Divisional Magistrate acquitted the accused are (1) that the District Munsif has not observed the formalities prescribed by section 476, Criminal Procedure Code and recorded a finding that it was expedient in the interests of justice that an enquiry should be made into this offence and (2) that the complaint should have been made to a First Class Magistrate having jurisdiction and not to a Second Class Magistrate. This reference is against that order of acquittal. The question now is whether when the District Munsif makes a complaint under section 482, Criminal Procedure Code, he should follow the procedure laid down under section 476, Criminal Procedure Code. Section 480, Criminal Procedure Code, is a special provision provided for dealing with offences of this nature in a summary-manner. This reference is against that order of acquittal. The question now is whether when the District Munsif makes a complaint under section 482, Criminal Procedure Code, he should follow the procedure laid down under section 476, Criminal Procedure Code. Section 480, Criminal Procedure Code, is a special provision provided for dealing with offences of this nature in a summary-manner. Under section 480, the presiding officer of the Court may, when the offence is committed in his view, detain the accused and before he rises for the day, sentence the accused to a fine of Rs.200. But if for any reason, the presiding officer thinks that the accused must be tried by some other Magistrate either for the purpose of inflicting a more severe punishment or for some other reason, then he will have to record the facts constituting the offence and the statement of the accused, if any, and forward the case to a Magistrate having jurisdiction to try the same. In such cases, I do not think it is incumbent on the presiding officer to follow the procedure laid down under section 476 of the Criminal Procedure Code. In Crown v. Ramalal Anand1, no doubt it has been held that there is an option either to proceed under section 476, Criminal Procedure Code, or under section 482, Criminal Procedure Code and that for proceeding under section 482, the Magistrate must take cognizance of the offence under section 480, Criminal Procedure Code. With great respect to the learned Judge, I do not think that it is necessary that before filing a complaint under section 482, the presiding officer should take cognizance of the offence. In this case, no doubt the statement of the accused has not been taken as the accused had immediately left the scene. As pointed out in H. C. Proceedings2, failure to take the statement of the accused does not by any means invalidate the proceedings. In the above case also the accused left the Court at once and therefore a statement could not be taken from him. Our High Court has held that the discharge was not proper and ordered re-enquiry. The decision applies to the facts of this case. The acquittal of the accused on the ground mentioned by the Sub-Divisional Magistrate cannot, threfore, be sustained. Our High Court has held that the discharge was not proper and ordered re-enquiry. The decision applies to the facts of this case. The acquittal of the accused on the ground mentioned by the Sub-Divisional Magistrate cannot, threfore, be sustained. It is true that the offence took place in 1951, but all the same, justice requires that the accused must stand a retrial and I order accordingly. If the Court finds him guilty in the retrial, I have no doubt that in awarding the sentence on the accused the Court will take into consideration the circumstance that he had already undergone one trial. K.S. ----- Retrial ordered.