Tabarak Ali And Ors. vs Mantaj Ali on 23 February, 1961
The Public Prosecutor contended that it amounted to an order of discharge and he made an application in revision against that order to the Sessions Judge. The trial in that case in respect of the charge which had already been framed was going on, and, under those circumstances it was held by their Lordships of the Andhra Pradesh High Court that there was no question of directing any further inquiry and thus the Sessions Judge was not entitled to exercise his powers under Section 436 of the Code of Criminal Procedure, and the proper order which the Sessions Judge should have passed was to refer the matter to the High Court under Section 439 of the Code of Criminal Procedure.