Order.- This is reference made by the District Magistrate, Raichur, under section 438 of the Code of Criminal Procedure recommending the quashing of the order passed by the First-Class Magistrate, Yelburga, in Case No. 39/2 of 1963. On a complaint lodged with the Police against 23 persons investigation was conducted and a charge-sheet for offences punishable under sections 395, 379, 454, 380 read with 149 of the Indian Penal Code placed against only 16 persons. The complainant was aggrieved by this that all those persons who were engaged in the crime were not arrayed as accused. She, therefore, filed a private complaint against all the 23 persons (including the 16 persons who had been arrayed as accused in the charge-sheet filed by the Police) for the several offences referred to above. The learned Magistrate registered the said case on his file as Case No. 49/2 of 1963. Since both the cases related to the same transaction, the Prosecuting Officer represented to the Court that both the cases may be clubbed together and that the private complaint be enquired into along with the charge-sheet case filed by the Police. The learned Magistrate heard the arguments of both the parties. He ultimately held that since the private complaint is a “longer complaint” and “a comprehension complaint” the case in which the charge-sheet had been filed by the Police should be clubbed along with it and a single enquiry should be he d. He passed an order accordingly. Being aggrieved by the abovesaid order, the Police filed a revision petition through the Public Prosecutor to the Court of the District Magistrate, Raichur. They contended that the learned Magistrate should have clubbed the private complaint with the charge-sheeted case and commenced the enquiry of the Police-case first. The learned District Magistrate, who heard the arguments advanced by both the parties was of the opinion that the clubbing of the two cases by the learned Magistrate was entirely wrong inasmuch as different procedures have been prescribed for the enquiry of the two cases and has submitted the records to this Court with the recommendation under section 438 of the Code of Criminal Procedure for quashing the order of the learned Magistrate. The learned Magistrate, in my opinion, was entirely wrong in clubbing both the cases and directing that the case in which the Police had placed a charge-sheet against 16 persons be clubbed with the private complaint filed by the complainant against 23 persons (including the 16 persons against whom the charge-sheet had been placed). As rightly observed by the learned District Magistrate, the procedure prescribed for enquiry in a case triable by a Court of Sessions on aPolice Report under section 207-A of the Code of Criminal Procedure is altogether different from the procedure to be adopted in an enquiry on a private complaint filed by a person under section 208 and under Chapter XVIII of the Code of Criminal Procedure. The order passed by the learned Magistrate clubbing the two cases together and directing that the enquiry in the private complaint should commence first cannot be supported and is liable to be set aside, and is accordingly set aside. The question for consideration is what is the procedure that the learned Magistrate should adopt in the enquiry of these two cases. In view of the fact that the two cases relate to the same transaction and that in the private complaint lodged by the complainant 23 persons (including 16 against whom charge-sheet has been placed by the prosecution) have been arrayed as accused, I feel that the learned Magistrate should be directed to commence the enquiry in the private complaint in the first instance and conclude it as expeditiously as possible and thereafter hold the enquiry in the case in which the charge-sheet has been placed by the prosecution and then pass an appropriate order either to commit all or any of the accused or discharge them. This procedure will certainly facilitate the learned Sessions Judge to conduct a single trial instead of conducting two trials. The reference made by the learned District Magistrate is accepted and the order passed by the learned Magistrate, Yelburga, is set aside and the learned Magistrate is directed to proceed with the enquiry under Chapter XVIII of the Code of Criminal Procedure as indicated above. The records will be returned to him. S.V.S. ---- Reference accepted.