Norman, J.@mdashThis case is referred to this Court u/s 434 of the Code of Criminal Procedure by the Sessions Judge of Midnapore. It appears
that Jagabundbu Myti, the servant of Abhai Narayan Bhuah Das Mahapattar, sent a sloop loaded with a cargo of 1,000 maunds of paddy from
Balsar to Calcutta. The sloop, with which were two small dinghis, and the cargo were in charge of Gobardhan Bera, Manji, Puddo Lochan Bara,
Dari, and Shobba Dass, Churandar. The sloop was wrecked in a storm on the Rangafullah sands, and a considerable portion of the paddy floated
out. The wreck of the sloop with the boats and the paddy which remained were sold by the persons above named to one Raj Narayan.
2. The Deputy Magistrate of Cantai, Munshi Dabiruddin Ahmed, after taking the evidence of the complainant and certain witnesses called by the
complainant, and examining the accused, for reasons which we concur with the Judge in thinking wholly insufficient, discharged the accused
persons.
3. On looking through the papers in the record, it appears that though the nature of the charge was explained to the accused, no formal charge in
writing was drawn up against the accused persons, in the manner required by the 250th section of the Code of Criminal Procedure. They were not
required to plead guilty or not guilty, or to make their defence to any charge as required by the 251st section. They were not tried by the
Magistrate on any such charge, and therefore the order for their release by the Magistrate, does not amount to an acquittal under the 255th
section, but simply to discharge under the 250th section.
4. Under such circumstances it appears to us, that the Sessions Judge-is competent, under the power vested in him by section 435 of Act VIII of
1869, by which section 435 of the Code of Criminal Procedure is amended, to direct the committal of such of the accused as he may think ought
to be tried notwithstanding that they have been discharged, as to which he must exercise his own judgment. With these observations we send back
the case for disposal to the Judge.