Short Note : 1. The facts of the case are these: On 16-8-77, the non-applicants entered inside house-of the complainant Ramkunwar, forcibly took away his brother Chhimadhar and also took away cash which was kept inside the box. Offences under sections 452, 341 and 323 of the IPC, were registered on the initial Report. During investigation, it was found that a dacoity was committed in the house of the complainant, and therefore, the police filed a challan under section 394 read with sections 397, 452 and 331 of the IPC., 2. Offence under section 397 of the IPC., is triable by the Court of Sessions. Therefore, offence under section 394/397 IPC. could not be tried by the Magistrate. The Magistrate, after going through the material produced by the police, came to the conclusion that section 397 IPC., has no application and relied on 1975 JLJ Short Note 77 (Munshi and 3 others v. State of M.P.) Held: However there is a Supreme Court decision reported in AIR 1978 SC 514 (Sanjay Gandhi v. Union of India and others) discussing the provisions of the main Code in respect of cases where offences are triable exclusively by the Court of Sessions, the committing Magistrate has no power to discharge the accused. Nor he has power to take oral evidence save where a specific provision like S.306 enjoins. 3. In view of the above facts, when the matter involving the section exclusively triable by the Court of Sessions was put up before the Magistrate, he had to act under section 209 of the New Code and to commit the case to the Court of Sessions leaving the Sessions Court to utilise its powers U/s.227 of the New Code if it so considered just. In these circumstances, the order dated 15-1-78 could not be sustained. 1975 JLJ SN 77 referred to, AIR 1978 SC 514 relied on. Revision allowed.