The Court made the following Order.- The petition has been filed on the ground that the complaint as given in the F.I.R. and the materials as gathered by the Police in the course of the investigation do not disclose an offence under section 366, Indian Penal Code, but, if established, may amount only to an offence under section 363, Indian Penal Code. The argument is that the facts, if proved, would amount only to an offence under section 363, Indian Penal Code, which is triable by a Court of Session, Presidency Magistrate or Magistrate of the First Class, and that the proceeding now before the Sub-Magistrate, Tiruvadanai, for committal of the accused to take their trial before the Court of Session for an offence under section 366, Indian Penal Code, is misconceived. According to learned Counsel, it is not a case which is exclusively triable by a Court of Session but it is one which is triable by a First Class Magistrate as well and therefore the Sub-Magistrate ought not to hear the proceeding, and the proceeding should be transferred to a First Class Magistrate having jurisdiction.