( 1 ) THESE two petitions can be disposed of by a common order. They are by the State and directed against two common Orders, made in two sets of cases on one and the same day, viz. , 11-1-1972, by the Judicial Magistrate, first Class (2nd Court), Bangalore City. The accused in all these cases were common. The two Orders relate to CC. Nos. 1946 to 1948/1971 in one case and CC. Nos. 1949, 1964 and 1965/ 1971 in the other. In all these cases the charges relate to theft, among other things, and therefore triable by following the warrant procedure prescribed under the Code. ( 2 ) THE learned Magistrate purporting to exercise jurisdiction under S. 249, crpc has directed stoppage of proceedings, preserving liberty to the prosecution to revive them on the production of the accused. On behalf of the State it is contended by Sri M. Nagappa, the learned public Prosecutor, that the orders were clearly erroneous and illegal. The contention urged is that the provisions of S. 249 Crpc would not be attracted to cases triable by warrant procedure. His further contention is that if the accused could not be produced it was the duty of the Magistrate to have proceeded under Section 87 of that Code. ( 3 ) IT seems to me that this contention is clearly right. S. 249 Crpc occurs in Chapter XX of that Code which has made provision for procedure to be followed in trial of cases triable by summons proceedings. That that chapter exclusively applied to such cases is made clear by S. 241 crpc. It cannot also be disputed that a case under S. 380 IPC is triable by warrant procedure prescribed in Chap. XXI of that Code. In this view of the matter, it was not at all open for the learned Magistrate to have exercised jurisdiction under S. 249 of the Code. The Orders impugned herein, therefore, are clearly unsustainable. ( 4 ) IN the result, these petitions succeed and are allowed. The orders made by the learned Magistrate in CC. Nos. 1946 to 1948/ 1971 and CC. Nos. 1949, 1964 and 1965/1971 are hereby set aside. The learned Magistrate will now proceed to restore the said cases to file and dispose of them in accordance with law. --- *** --- .